AN  ACT 


FOR  THE 


SUPPEESSIOI  OF  IITEMPERANC.B, 


AND  TO 


AMEND  CHAPTER  XXX,  OF  THE  REVISED  STATUTES.. 


APPROVED  FEBRUARY  12,  1855. 


SPRINGFIELD  : 
j||:,ANPHIER  &  WALKEIl,  PRINTERS. 
1855.  • 


AN  ACT 


FOR  THE  SUPPRESSION  OF  INTEMPERANCE,  AND  TO  AMEND  CirAPTKR  XXX 
OF  THE  REn^ED  STATUTES. 


Section  1.    Be  it  enacted  by  the  people  of  the  state     saie  of  intoxica- 

.         I        J--!  '  f       t  I        rr^  tins  liquurs  piv- 

liliiiois,  representee/  in  tlie  u-eneral  *Ji.ssembl!j^  That  no  hu.iteii. 
person  shali,  at  any  time  or  place,  within  this  state,  manu- 
facture or  sell,,  or  sliall,  at  any  store,  grocery,  ta\'ern  or 
place  of  trade,  entertainment  or  public  resort,  or  railroad 
or  canal,  or  in  any  of  the  appurtenances  or  dependencies 
of  any  such  place,  give  away,  contrary  to  the  provisions  of 
this  act,  by  iii  nself,  his  servant  or  agent,  directly  or  indi- 
rectly, any  spiritous  or  intoxicating  liquor,  or  any  mixed 
liquor,  of  wliich  a  part  is  spiritous  or  intoxicating,  except 
as  hereinafter  provided;  and  ale,  porter,  l  iger  beer,  cider, 
and  ail  wines,  are  included  among  intoxicating  liquors  with- 
in the  meaning  of  this  act. 
.  -  §  2.    Nothing  coiitaiued  in  this  act  shall  be  construed  Not  to  extend  tn 
to  forbid  the  making  of  cider  from  apples,  or  wine  from  mtniiSimiu- 
grapes,  currants  or  ot!iier  fruit  grown  or  gathered  by  tiie  '''^'«*ate. 
manufacturer,  in  this  state,  or  the  selling  of  such  cider  or 
wine,  in  quantities  not  less  than  one  gallon,  if  made  in  tliis  ' 
state,  by  the  maker  thereof;  nor  shali  anything  herein  pro- 
l^iibit  the  brewing  of  ale,  porter  or  lager  beer,  if  manufjc- 
§:ured  in  this  states  and  exj»orted  and  sold  in  not  less  quan- 
/Hities  tiian  t'lirty  gallons,  without  the  limits  of  tlie  same; 
j:jand  the  ptu'son  or  persons  manufacturing  or  selling  such 
,j^le,  porter  or  lager  beer  shail  have  first  given  bond  as  re- 
-quired  by  the  tiiird  section  of  tfiis  act  of  persons  engaged 
^in  the  manufacture  of  alcohol  or  high  wines  ;  and  any  other 
manufacture  or  sale  of  such  wine,  cider,  ale,  porter  or  la- 
ger beer  siiall  be  deemed  an  unlawful  [sale]  within  the 
meaning  of  this  act. 
,6  3.    iNothing  in  tliis  act  shall  be  construed  to  forbid  Not  to  extend  t<v 

.      -  -        .  iinporterl  liquors 

when  not  sold  i» 
less  quantitie 

_       _  _  _  _  _  than  30  galloni' 

'ofuthe  United  Stat^^s  regarding  the  importation  of  such 
liqCior,  and  in  accordance  wicii  said  law.^  :  Provided^  that  Proviso- 


the  sale,  by  the  importer  thereof,  of  foreign  spiritous  or  in-  "EnoVsoiTS 
tpxicatiiig  iiquofs,  imported  under  the  authority  of  the  laws  ^"^'^^  quantities 


374§9 


1855. 


4 


jj^opnsf'  whoii  and 

by  whom  t;iMn I-  j  >  ^  , , ; . ,  ^  t  I 
•;d  ta  raanu 


the  said  liquor,  at  tlie  time  of  sale  by  said  importer,  re- 
mains in  the  original  casks  or  packages  in  whicii  it  was  by 
him  imported,  and  in  quantities  in  widcli  the  laws  of  the 
Uiiited  States  require  such  liquor  to  be  imported,  and  is 
sold  by  him  in  said  casks  or  packages,  and  in  said  quanti- 
ties only  ;  and  tise  custom  iiouse  certilicate  of  importation, 
and  proof  of  marks  on  the  casks  or  packages  in  which  such 
liquor  is  contauied,  corresponding  thereto,  shall  not  be  re- 
ceived as  evidence  that  tlie  liquor  contained  in  buch  pack- 
ages is  tiiat  actually  imported  therein:  Provided,  tliat  no- 
thing in  this  act  contained  shall  be  construed  lo  prevent 
the  manufacture  of  alcohol  and  higii  wines,  if  not  i^dapted 
to  use  as  a  beverage,  provided  tiie  same  ue  exported  out 
of  this  state  in  (juantilies  not  less  tlian  Uurty  gallons.  No 
license  shall  be  required  to  manufacture  sucii  liquor  for 
exportation  and  sale  as  aforesaid,  but  such  manufacturer 
shall  oe  required  to  give  bond,  as  provided  in  case  of  other 
mai'Uifaeturers,  so  far" as  applicable. 

§  4.  The  county  court  of  any  county,  or  in  counties 
iiaving  township  organization,  t!ie  board  of  supervisors 
may,  by  certificates  .signed  by' two-thirds  of  the  juages,  or 
by  two-  thirds  of  the  boards  of  supervisors,  give  all  persons 
who  shail,  in  wi'iting,  a])p!y  to  them  therefor,  autli'ority  to 
manufacture,  at  sucii  places  only  wilhin  said  county  as  said 
court  or  board  of  supervisors  shall,  in  said  certificate,  des- 
igijdte,  spiritous  or  intoxicating  liquors,  and  to  sell  tiie  same 
iii  tiiose  places  only,  to  duly  autiiorized  agents  of  cities, 
towns  and  counties  in  this  state  ;  but  such  authority  shall 
not  continue,  in  any  case,  longer  than  one  year  from  the 
date  of  the  certilicate  in  that  case  given,  and  may  be  at  any 
time  revoked  by  said  court  or  board  of  supervisors; 
ucense<i  pRr?ons  and  uo  persou  siiali  receive  such  a  certilicate,  or  exercise 
Eofa'iveboad.  gucli  au thority,  uutli  iie  siiall  have  executed  and  delivered 
'  to  the  treasujer  of  said  county  a  bond,  with  at  least  two 

good  and  suUicient  sureties,  in  a  sum  not  less  than  one 
thousand  dollars  nor  more  than  ten  thousand  dollars,  as  said 
county  court  or  board  of  supervisors  Siiall  require,  condi- 
tioned that  lie  will  not,  at  any  time  during  the  year  next 
following  the  date  of  iiis  said  certilicate,  infringe  in  any 
manner  or  degree  any  pio\  ision  of  this  or  any  Lav  of  this 
state  touching  tiie  manufacture  or  sale  of  spiritr.us  or  in- 
toxicating licjuors.  If  any  person  so  authorized  and  bound 
sliall  break  the  condition  of  such  bond,  said  bond  shall 
forthwith  be  })ut  in  suit;  his  said  certificate  and  authority 
shall  instantly  become  void,  and  he  shail  not  tliereafier  be 
{)ermitted  to  manufacture  or  sell  any  spiritous  or  inioxica- 
ting  licjuor,  and  shall  moreover  be  subject  to  all  ihe  })enal- 
ties  herein  })rovided  against  the  manufacture,  sale  or  giv- 
ing away  spiritous  or  intoxicating  liquors  contrary  to  the 
provisions  of  this  act.    The  county  court  or  board  of  su- 


5 


1855. 


pervi53ors  shall  not  have  tlie  powr  to  pjront  such  authority 
to  manufacture  liquor  for  t\\o  piirpo'':^  aforesaici,  witliin  t'li; 
limits  of  any  incorporated  town  or  city  in  this  state;  but 
suc!i  eruthority  may  be  granted  an<l  certificates  issue<]  by 
the  common  council  of  said  city  or  the  president  an()  trus- 
tees of  said  town,  in  the  niatiner  and  Upon  tlie  condinon-; 
above  specified  as  applicable  to  the  county  court  or  board 
of  superyisors,  and  the  bond  required  shall  be  made  paya- 
ble to  the  treasurer  of  said  (own  or  city. 

§  5,  The  mayor  and  aldermen  of  any  city  may,  within 
such  city,  the  president  and  trustees  of  any  incorporated  WH^.a  giunt;o 
town  may,  within  such  town,  the  board  of  supervis- trs,  in 
counties  havin^r  township  organization,  may,  witidn  town- 
ships not  within  a  city  or  incorporated  towji,  and  in  coun- 
ties not  having  townslnp  organization,  tlse  couniv  court 
may,  in  any  |)recinct  without  the  liinirg  of  any  incorpora- 
ted town  or  city,  as  hereinr^fter  provided,  ot  any  meeting 
of  tlieir  board,  court  or  body,  duly  convened,  upon  reason- 
able notice  to  every  member  thereof,  appoint  some  suita- 
ble person  or  persons  as  agent  or  agents  of  said  city,  town 
or  county,  for  the  purchase  of  spiritous  and  intoxicating 
liquors,  and  for  the  sale  thereof  within  such  city,  to wri, 
township  or  precinct,  for  sacramental,  medicinal,  cliemical 
and  mechanical  uses  only  ;  whicli  such  agents  may  be  re- 
moved and  otiiers  appointed  in  their  stead,  at  pleasure,  by  i 
the  body  appointing,  or  tlieir  successors  in  office,  or  a  ma- 
jority of  them;  but  no  more  than  one  agent  shall  be  appoint- 
ed in  any  town,  township  or  |>recinct  containing  less  than 
two  thousand  inhabitants,  and  not  more  than  two  in  atiy  in- 
corporated town,  city,  townsliip  or  precinct  containing 
less  tlian  ten  thousand  inhabitants,  and  not  more  than  three 
such  agents  in  any  city,  excepi  the  city  of  Chicago,  and  not 
more  than  five  such  assents  shall  be  in  ofiice  at  the  same 
time  in  the  said  city  of  Chicago.  The  county  coui  t  of  the  coimtycotirt. 
counties  which  have  not  adopted  the  town.sliip  organization, 
at  any  regular  meeting  of  the  court  for  the  transaction  of 
county  business  may,  in  their  dir^cretion,  upon  tlse  petition 
of  a  majority  of  the  legal  voters  of  any  precinct,  not  being 
an  incorporated  town  or  city  of  the  state,  or  in  the  limits 
thereof,  appoint  one  such  agent  for  said  precinct.  No  inn- 
keeper, or  keeper  of  a  public  eating  liou^^e,  or  of  a  house 
of  public  entertainment,  shall  be  appointed  sucii  agento 
Every  such  agent  shall  hold  his  otfice  for  one  year,  unless  duties  of  asc^t. 
sooner  removed  ;  lie  shall  sell  such  liquor  oidy  in  the  one 
place  designated  in  writing  by  the  body  appointing  iiim  ; 
he  shall,  in  the  purcliase  and  sale  of  sucli  liquor,  conform 
to  such  rules  and  regulaticms  as  the  said  body  appoisiting 
him  shall  prescribe,  not  inconsistent  with  the  ])rov)S!osiS  of 
this  act;  he  shall  keep  an  accurate  accoutit  of  all  his  pur- 
chases and  all  his  sales,  specifying  in  such  aecouot  the  kind. 


Ib55. 


quantity  aiul  price  of  the  liquor  bought  by  him,  tlie  date  of 
tsach  piti  Ciiase  made  b}  liiin,  and  the  name  of  tlie  prison  of 
whom  sucii  |)urchase  was  made,  the  kind,  quantity  and  [)rice 
of  liquor  sold  by  him,  the  date  of  each  sale  made  by  him, 
the  name  of  Use  purchaser  at  every  such  sale,  and  the  use 
lor  which,  the  liquor  on  every  such  sale  was  sold,  as  stated 
by  the  purchaser,  and  of  all  forfeited  liquor  by  hiiri  received 
and  sold  or  destroyed  ;  which  account  shali  be  at  all  times 
0})en  to  tlie  inspection  of  the  body  appointing  such  agent,  or 
any  niemb^'r  thereof  ;  and  when  required  by  said  body,  or  a 
majoi  ity  of  them,  he  siiall  account  with  them  regarding  all 
his  dealings  as  sucii  agent,  and  exhibit  to  them  aii  recei{)ts, 
bills,  books,  papers  of  eveiy  kind,  relating  to  such  dealings, 
or  to  his  accounts;  he  shall  sell  such  liquor  at  not  nu)ie 
than  twenty-live  per  cent,  advance  upon  tise  cost  tliereof, 
and  sliaii,  when  lequired  by  the  body  appointing  him,  pay 
over  the  jn  oceeds  of  his  sales  to  the  treasurer  of  the  body 
so  appoit  ting  him,  and  he  shall  semi-annually,  or  oftenerj 
if  required  by  the  body  so  ap'pointing  him,  make  a  report, 
verified  by  his  oath  or  affirmation,  of  all  his  }}urchases,  and 
the  costs  thereofj  and  of  his  sales,  and  the  proceeds  there- 
of, sj)ec{f}  ing  tiie  number  of  sales,  the  respective  quantities 
and  kinds  sold  for  each  of  the  purposes  of  sacramental,  me- 
dicinal, chemical  and  mechanical  uses,  and  tiie  quantity  and 
kind  and  cost  of  all  liquors  remaining  on  hand  at  the  time 
of  such  meeting,  and  of  ail  forfeited  liquors  by  him  received 
and  sold  or  destroyed  ;  v^hich  report,  however,  shall  not 
specify  tlie  names  of  the  persons  to  whom  his  sales  may 

;ompenbauon.  havc  ijeeu  made.  He  shall  receive  lor  his  services  such 
fixed  and  stipulated  compensation  as  said  body  appointing 
said  agent  shall  prescribe,  but  the  amount  of  said  compen- 
sation shall  not  be  increased  by  reason  of  an>  increase  or 
diminution  of  the  sales  of  such  liquor  by  such  agent,  and 
|]e  shall  not  be  in  any  way,  except  as  one  of  the  inhabitants 
of  the  city,  town,  county  or  precinct,  interested  in  said 
liquor,  or  in  the  j)urchase  or  sale  thereof,  or  in  tlie  profits 
thereon  ;  and  no  such  agent  shall  be  authorized  to  sell  or 
give  away  any  sj)iritous  or  intoxicating  liquors,  or  any  such 
liquors  mixed  with  soda  water,  or  any  other  compound, 
liquid,  or  otherwise,  to  be  drank,  taken  or  used  as  medi- 
cine or  otlu  rwise,in  their  sliop,stoie  or  })lace  of  business, 
or  in  any  of  the  aj)j)urtenances  or  dependencies  thereof; 
but  any  such  sale  or  gi\ ing  aw^ay  shall  sul)ject  tlie  said 
agent  to  the  same  penalties  provided  ior  the  sale  or  gix  ing 
away  (d"  liquors  contrary  to  the  j)rovisi()i.s  of  this  act.  If 

'ei.aiiy.  ^'^'.V  person  purchasing  any  spiritous  or  in  toxica*  ing  liquor  of 

such  agent  shall  intentionally  make  to  such  agent  any  false 
statement  regarding  tiie  use  to  which  such  liquor  is  inten- 
ded by  the  purchaser  to  br  applied,  such  j)erson  so  ollend- 
ing  shall,  upon  con\  iction  thereof,  lorleit  and  pay  a  line  of 


7 


1855. 


fifty  dollars?,  together  with  costs  of  his  prosecution,  to  he 
recovered  by  an  action  of  debt,  before  yny  justice  of  tfie 
peace,  or,  if  the  otFence  is  committed  witliin  a  city,  police 
magistrate  of  any  such  city,  or  by  indictment  in  the  circuit 
court  of  the  proper  county.  Every  such  agent  shall  ^jfj^tn^^^to 
ceive,  from  the  oody  appointing  him,  a  certificate  authori-  aaeutappoit>t*jd. 
zing  him  as  agent  of  said  town,  city  or  county,  as  tlie  case 
may  be,  to  sell  at  the  place  mentioned  in  such  certificate, 
spiritous  or  intoxicating  li(|Uors  for  sacramental,  medici- 
nal, chemical  and  mechanical  uses  only;  which  said  certi- 
ficate, when  granted  by  any  common  council  of  a  city,  or 
president  and  trustees  of  a  town,  or  county  court,  or  hoard 
of  supervisors,  sliall  be  issued  by  the  clerks  of  said  bodies, 
respectively,  attested  by  their  common  or  corporate  seal, 
or  in  case  there  is  no  such  seal,  then  by  the  private  seal  of 
said  clerk.  Said  agent  shall  not  receive  any  such  certifi- 
cate, or  exercise  his  office,  until  he  shall  have  executed 
and  delivered  to  tiie  body  appoiriting  hiin,for  the  use  of  the 
city,  town  or  county  appointing  hito,  a  bond,  with  at  least 
two  good  and  sutiicient  sureties,  approved  by  said  body 
appointing  him,  in  a  sum  not  less  tiian  six  hundred  doiiarSj 
in  substance  as  lollows  : 

*'Know  all  men  that  we,  ,  as  principal.  Form  of  tooad. 

and  ,  as  sureties,  are  held  and  firmly  bound 

to  ,  in  the  sum  of  dollars,  to  be 

paid  to  said  ,  to  which  payment  we  biod  our= 

selves,  our  heirs  and  executors,  and  administrators,  firmly 
by  these  presents.     Sealed  with  our  seals,  and  dated  at 
,  this  day  of  ,  A.  D. 

"The  condition  of  this  obligation  is  such,  that  whereas 
the  above  bounden  has  been  appointed  an  agent 

for  said  ,  to  sell  within  said  and  on  ac- 

count of  said  5  spiritous  or  intoxicating  liquors, 

to  be  used  for  sacramental,  medicinal,  chemical  and  me» 
chanical  purposes  only,  until  the  day  of  , 

A.  D.  unless  he  be  sooner  removed  from  his 

agency.    Now  if  the  said  shall  in  all  respects 

conform  to  the  provisions  of  the  law  in  relation  to  iiis  agen- 
cy, and  the  laws  of  this  state  relating  to  the  sale  of  spiritous 
or  intoxicating  liquors,  then  this  obligation  to  be  void." 

§  6.  If  any  such  agent  siiall  break  the  condition  of  such  ^^^^^'^^^ 
bond,  such  bond  shall  be  forthwith  put  in  suit,  and  his  said 
certificate  and  appointment  shall  iinmediately  become  void, 
and  he  shall  not  thereafter  be  peimitted  to  act  as  agent  for 
the  sale  of  liquors  anywhere  in  this  state;  and,  moreover, 
for  any  such  violation  shall  be  liable  to  the  same  penalties 
herein  by  this  act  provided  for  tlie  illegal  sale  or  giving 
away  of  liquors  contrary  to  the  provisions  of  tliis  act. 

§  7.  Every  person  who  shall,  in  violation  of  this  act, 
manufacture  spiritous  or  iatoxicating  liquor,  or  mixed 


1855. 


8 


^vSuon^of  tho  q"or  of  which  a  part  is  spiritoiis  or  intoxicating  liquor, 
S^'Scr°Ti'st         P^J'      '^^^  ^^^^^  conviction  for  said  offense,  a  fine  of 
coHviction.      one  hundred  dollars  and  the  costs  of  prosecution,  and  in 
default  of  payment  thereof,  shall  be  imprisoned  sixtj'  days 
>  in  the  common  jail ;  on  his  second  conviction  for  said  of- 

fense he  shall  pay  a  fine  of  two  hundred  dollars  and  the 
costs  of  prosecution,  and  in  default  of  payment  thereof  he 
shall  be  imprisoned  four  months  in  the  common  jaii ;  and 
on  every  subsequent  conviction  for  said  offense  he  shall 
pay  a  fine  of  two  hundred  dollars  and  be  imprisojied  four 
months  in  the  commcn  jail.  Every  prosecution  under  this 
section,  if  the  offense  is  committed  within  the  limits  of  any 
city,  shall  be  heard  and  determined  before  the  police 
magistrate's  court,  and  said  court  shall,  upon  every  con- 
viction, order  that  the  person  so  convicted  shall  stand 
committed  until  the  fine  and  costs  are  fully  paid;  or,  if 
upon  the  first  conviction,  until  he  shall  have  been  impris- 
oned sixty  days,  and  also  that  he  be  imprisoned  for  the  pe- 
riod herein  provided,  if  upon  a  subsequent  conviction  ;  or 
such  prosecutions  for  offenses  against  the  provisions  of  this 
section,  when  committed  without  the  limits  of  a  city,  shall, 
in  the  first  instance  be  brought  before  any  justice  of  the 
peace  of  the  proper  county,  who  shall  thereupon  proceed 
in  the  same  manner  as  provided  for  in  tlse  203d  section,  of 
chap.  XXX,  of  the  Revised  Statutes,  in  reference  to  the  vi- 
olations of  the  provisions  of  that  chapter. 

§  8.  If  any  person,  in  violation  of  this  act,  by  himself, 
ingawayorW  his  scrvaut  or  agcut,  shall,  for  himself  or  any  body  else, 
SenSperty'f  dircctlj  or  indirectly,  or  on  any  pretence,  or  by  any  de- 
vice, sell,  or  in  consideration  of  the  purchase  of  any  other 
property  give  to  any  person  any  spiritous  or  intoxicating 
liquor,  or  any  liquor  of  which  part  is  spiritous  or  intoxi- 
cating, or  shall  at  any  store,  grocery,  tavern,  or  place  of 
trade,  entertainment,  or  public  resort,  or  in  any  of  the  ap- 
purtenances or  dependencies  of  any  such  place  or  any 
public  place,  give  away  any  such  liquors  he  sliall  pay,  on 
his  first  conviction  for  said  offense,  fifty  dollars  and  the 
costs  of  prosecution  ;  and  on  the  second  conviction  for 
said  offense  he  shall  pay  a  fine  of  one  hundred  dollars  and 
costs  of  prosecution,  and  on  every  subsequent  conviction 
he  shall  pay  a  fine  of  two  hundred  dollars  and  the  costs  of 
prosecution,  and  shall  be  imprisoned  not  less  than  three 
months  nor  more  than  six  months.  Every  prosecution  un- 
der this  section  shall,  if  the  offense  is  committed  within  the 
corporate  limits  of  any  city,  be  heard  and  determined  be- 
fore one  of  the  police  magistrate's  courts  in  said  city,  and 
said  police  magistrates  are  authorized  and  required,  in 
case  of  conviction,  to  order  the  person  or  ])ersous  so  con- 
victed to  stand  committi'd  until  the  fine  ajid  costs  are  fully 
paid,  and  also  to  commit  said  convicted  persons  for  the 


9 


1855, 


term  cf  imprisonment  for  wliich  they  may  he  spntencecl. 
In  cast  s  of  trial  by  jnry  undci-  this  section,  the  jury  shall 
fix  the  time  of  imprisonment  ifi  ease  of  conviction  as  above 
provided,  but  if  tlie  accused  shall  plead  guilty,  or  shall 
consent  to  the  trial  by  S'liti  po  ice  magistrate,  then  the  said 
police  magistrate  may  fix  the  term  of  in, prisonment  ;  or  • 
prosecutions  for  tiie  first  and  second  of  said  offenses,  wlien 
coniniitled  without  and  beyond  the  limits  of  ariy  city,  shall 
be  brought  in  the  first  place  before  any  justice  of  tlie  peace 
of  the  county  where  said  offt  rises  may  he  committed,  who 
may  hear  and  determine  the  same,  and  upon  coiiviction, 
issue  execution  against  the  goods  and  chattels  for  the  fine 
and  costs,  or  the  said  justice  in  his  discretion  may  proceed 
according  to  section  is^OSd,  of  cliaj)ter  XXX,  of  Revised 
Statutes,  as^d  in  the  manner  therein  provided  for  offenses 
against  the  provisions  of  that  chapter  ;  and  prosecutions? 
for  tiie  third  or  any  sub«:eqiient  offense  com.mitted  without 
the  limits  of  any  city,  shall  also  be  first  brought  bt  fore  any 
justice  of  the  peace  of  the  proper  county,  who  sliall  there- 
upon proceed  according  to  said  section  2()3d,  of  chapter 
XXX,  Revised  Statutes.     All  clerks,  agents,   and  ^f'^'- pp„^„,es  ^pp^^ 
vants  of  ever  kind  employed  in  selling  or  keeping  for  sale,  cable  to  cuiks 
or  giving  away,  in  violation  or  the  provisions  oi  tins  act,  vants. 
of  any  s]iiritous  or  intoxicating  liquor,  or  any  mixed  li- 
quor,  a  part  of  which  is  spiritous  or  intoxicating,  shall 
incur  the  same  penalties  and  be  prosecuted  against  in  the 
same  manner  as  principals,  and  may  in  the  information,  in- 
dictment, or  complaint,  be  {  barged  in  the  same  manner 
and  be  convicted,  whether  their  principals  be  convicted  or 
not.    No  such  clerk,  servant,  or  agent,  shall  be  excused 
from  testilying  against  his  principal  on  the  ground  or  for 
the  reason  that  he  may  thereby  criminate  himself;  but  no 
testimony  so  given  by  him  shall  in  any  prosecution  be  used 
as  evidence,  either  directly  or  indirect ly,  against  said  clerk, 
servant,  or  agent,  nor  shall  he  thereafter  be  prosecuted  for 
any  offense  so  disclosed  by  him. 

§  9.    No  person  shall  own   or  keep  any  spiritous  or  penalty  for  th^ 
intoxicating  liquor,  or  any  mixed  liquor  of  which  a  part  is  pj-ovi'Sia^^  ^'^^^ 
spirituous  or  intoxicating^  with  intent  to  sell  or  give  away  tins^act. 
the  same  in  violation  of  this  act,  or  to  p<"rmit  the  same  to 
be  sold  or  given  away  in  violation  of  this  act;  and  every 
person  who  slmll  own  or  keep  any  such  liquor  wiih  any 
such  intent,  shall,  on  Ids  fir<;t  conviction  for  said  offense, 
pay  a  fine  of  fifty  dollars  and  the  costs  of  prosecution  ;  on 
his  second  cortviction  shall  pay  a  fine  of  one  hundred  dol- 
ars  and  costs  of  prosecution  ;  on  every  subsequent  con\  ic- 
tion  for  said  offense  he  shall  pay  a  fine  o("  two  hundred  dol- 
lars and  tlie  costs  of  prosecution,  and  shall  be  imyyrisnned 
not  less  than  three  nor  more  than  six  months.   Every  pros- 
ecution for  said  offenses  when  committed  within  the  cor- 


1855. 


10 


porate  limits  of  any  city  in  tins  state,  shall  be  hearr]  and 
determined  by  one  of  tlie  j)olice  magistrates  of  said  city, 
and  such  magistrate  is  authorized  and  reqniied  to  ord^  r 
any  person  so  convicted  before  him  to  stand  comnntted 
until  tlje  fine  and  costs  imposed  hereby  are  tii'.ly  paid,  and 
to  stand  committed  lor  the  time  f^f  imprisonment  for  which 
he  may  be  senteT)ced,  as  iierein  provided  for;  and  when 
said  offenses  shali  be  committed  beyond  the  limits  of  any 
cit}',  then  said  prosecution''  shall  first  be  brought  cefore 
some  justice  of  t!ie  peace  of  the  proper  county,  who  may 
hear  and  determine  prosecutions  for  tfie  first  and  second 
offenses,  and  issue  executions  acjHinst  the  goods  and  chat- 
tels of  any  person  convicted  before  him  therefor  ;  or  the 
said  justice,  in  his  dis'^retion,  may  proceed  according  to 
section  203,  of  chap.  XXX,  in  the  Revised  Statutes,  in 
the  manner  provided  therein  in  relation  to  offenses  agiinst 
such  cliapter;  and  every  prosecution  for  a  siihseq ui  nt  of- 
fense so  committed  beyond  the  limits  of  any  city,  shall  first 
bebrouglit  before  some  justice  of  the  peace  of  the  proper 
county,  wlio  shall  thereupon  proceed  according  to  said 
section  203,  of  chapter  XXX,  Revised  Statutes.  And 
upon  the  trial  of  evei  y  com})laint  for  the  violation  of  this 
section  or  of  tlie  eighth  section  of  this  act,  proof  of  the 
finding  of  the  liquor  s[)ecified  in  the  complaint  in  the  pos- 
session of  the  accused,  in  any  place  except  liis  private  d  wel- 
ling house  or  its  dependencies,  (or  in  such  dwelling  house, 
or  dependencies  ^f  tlie  same  be  a  tavern,  public  eating 
house,  grocery,  or  other  place  of  public  resort,)  sliall  be 
received  by  the  ourt,  magistrate,  or  justice  of  tne  peace, 
as  presumptive  evidence  tliat  such  liquor  was  kept  for  sale 
contrary  to  the  provisions  of  this  act. 

Appeal  may  be  ^  IQ.  Any  person  mav  appeal  from  a  final  judgment 
rendered  against  him  by  a  justice  of  thf  peace  for  a  iirst  or 
second  offense  under  section  eight  or  >ection  nine,  and  from 
any  final  judgment  of  a  police  magistrate  of  any  city,  to 
the  circuit  court  of  the  county  wherein  said  judgment  may 
have  been  rendered  :  P ro^nded^  he  sliail  fort!uvith  give 
bond  in  not  less  than  five  hundred  dollars,  with  at  least 
two  good  and  su'ficient  sureties,  with  con  lition  to  aj)pear 
at  the  court  appealed  to,  and  there  to  prosecute  his  appeal 
and  to  aSide  the  ser:tence  of  the  court  thereon,  and  that 
he  will  not,  during  the  pendency  of  such  appeal,  violate 
the  ])rovisions  of  this  act.  .  Said  bond  may  be  approved  by 
the  justice  of  the  ])eace  or  police  magistrate  render  ing  the 
judgment,  or  by  the  clerk  of  the  circuit  court,  in  the  man- 
ner provided  by  law  in  other  cases. 

suteance.  ^  spiritous  or  intoxicating  liquors,  and  all 

mixed  liquor^,  of  which  a  part  is  spiritous  or  intoxica- 
ting, intended  by  the  owner  or  kee])er  thereof  to  be  sold 
or  given  away,  in  violation  of  this  act,  shall,  with  the  ves- 


11 


1855. 


sels  in  wliich  it  is  contained,  be  deemed  a  nuisance,  and 
shal],  with  said  vessels,  be  lorlcited  to  the  city,  town  or 
county  in  which  it  is  ke])t. 

6  12.  If  any  two  or  more  persons,  residents  in  any  written  com- 
City,  county  or  town,  bemc]^  or  iiill  age,  shall  beiore  a  jus-  made, 
lice  of  the  peace  of  the  county  or  police  magistrate  of  said 
city,  niake  written  comj)laiht  tliat  any  spiritous  or  intoxi- 
cating liquor,  or  any  mixed  liquor,  of  which  a  part,  is  spir- 
itous or  intoxicating  (described  as  nearly  as  may  be  in 
said  complaint)  is  in  said  town,  city  or  county  in  any  place 
descrioed  as  nearly  as  may  be  in  said  complaint,  or  in  any 
steamb{^at,  or  water  craft  of  ^iny  kind,  de})ot,  railroad  car 
or  land  carriage  of  any  kind,  descjibed  as  nearly  as  may 
be  in  said  complaint,  or  in  a  street  or  public  highway,  or 
any  public  place  whatsoever,  described  as  nearly  as  may 
be  in  said  com])laint,  kept,  owned  or  carried  by  any  person 
or  corporation,  described  as  nearly  as  may  be  in  said  com- 
plaint,, and  is  intended  by  hiin  or  them  to  be  sold  or  given 
away  in  violation  of  lids  act  ;  and  if  said  complainants  shall, 
before  said  justice  or  police  magistrate,  as  the  case  may 
be,  make  oath  or  aliirmation  tliat  they  have  reason  to  be- 
]'>ve,  and  do  believe,  to  be  substantially  true  the  allega- 
tions in  said  complaint,  said  justice  or  police  magistrate, 
as  the  case  may  be,  (upon  finding  probable  cause  for  said 
complaint )  shall  issue  liis  warrant  of  search,  directed  to  the 
sheriff  of  tfie  county,  hi'^  deputy  cr  any  con-^tpble  of  said 
county,  or  if  to  be  executed  witliin  the  limits  of  a  city  to 
th^sheriiF  of  the  county,  his  deputy,  or  any  constable  of  the 
county  or  city  marshal  of  said  city  or  liis  dejjuties,  de- 
scribing as  nearly  as  may  be  the  liquor  and  the  place  de- 
scribed in  said  complaint,  and  the  person  described  in  said 
complaint  as  the  owner  or  keeper  of  said  liquor,  and  com- 
manding said  ollicer  to  search  thorougldy  the  said  place, 
to  seize  said  liquor,  with  the  vessels  coritaining  it,  and  to 
keep  tlie  same  securely  until  final  action  be  had  tliereon  : 
Frovided.  however,  that  if  the  place  to  be  searched  be  a 
du  lling  house  in  which  any  family  resides,  and  in  wdiich 
no  tc'vern,  eating  house,  grocery  or  other  place  of  public 
resort  is  kept,  such  warrant  shall  not  be  issued,  unless  one 
atleasi  of  said  complainants  shall  on  oath  or  affirmation 
before  id  justice  or  police  nsagistrate  declare  that  he  has 
reason  to  believe,  and  does  believe,  that  within  one  month 
next  before  the  making  of  said  complairit,  spiritous  or  in- 
toxicatii  g  liquor,  or  mixed  liquor,  of  which  a  })art  is  s|)ir- 
itous  or  intoxicating,  lias  been,  in  violation  o^"  thi«  act, 
sold  in  said  house  or  in  some  dependency  theieof,  ly  the 
person  accused  in  said  complaint,  or  by  ids  consent  or  per- 
missioii  ;  nor  unless  from  the  facts  and  circumstances  dis- 
closed by  said  complainant  to  said  justice  or  ]^oliee  magis- 
trate, said  justice  or  police  magistrate  shall  be  of  opinion 


1865. 


12 


that  said  complainant  has  adeqiuitR  reason  for  snch  "belief. 
Wlieriever  tl«e  offense  shall  be  alleged  to  be  witliout  and 
beyond  tlie  limits  of  an  incorporated  to"Mi  or  city,  ihen 
the  com[)]aint  herein  provided  for  maybe  ni?*de  by  anv  res- 
idents of  the  county  befoie  any  justice  of  the  peace  of  the 
county,  and  warrant  of  scarcli  may  be  issued  by  such  jus- 
tice in  the  manner  tierein  above  provided. 
BHty  of  jnstioes      §  Wlieufver  upon  such  warrant  such  liquor  shall 

of thepeaci'and  J^gve  bccn  seized,  the  iusiice  or  police  mao-ishate  issuing 

police     magus-  ,     i,         I  ,  .       ^  •    .       i  /•  i 

Utttes  said  warrant  shah,  withns  lorty-eight  hours   after  such 

seizure,  cau.^e  to  be  posted  upon  some  public  place  within 
such  town,  city  or  (in  case  the  said  liquor  is  so  found  with- 
out the  limits  of  an  incorporated  town  or  city)  county,  and 
to  be  left  at  the  ])lace  where  said  liquc-r  was  seized,  if  said 
•place  be  a  dwelling  house,  store  or  shop,  and  to  he  left 
wi'  h  or  at  the  last  usual  place  of  abod  e  of  the  per:  on  nr  tned 
in  said  complaint  as  owner  or  keeper  of  said  liquor,  if  such 
person  be  a  resident  of  this  state,  a  notice  summoning  such 
person,  and  all  others  whom  it  may  concern,  to  appear  be- 
fore said  justice  or  police  magistrate,  at  a  place  and  time 
named  in  said  notice,  wfiich  time  shall  not  be  less  than  two 
nor  more  than  four  weeks  after  the  posting  and  leaving  of 
said  notices,  and  sliow  cause,  if  ^ny  tliey  have,  wliy  said 
liquor  should  not  be  forfeited,  with  tiie  vessels  c  futaining 
it ;  and  said  notice  shall,  with.  reas-)j!abie  certainly  'escribe 
said  liquor  and  vessels,  and  state  where,  when  ar.  '  '  hy  the 
same  were  seized.  At  the  time  and  place  presLii  )ed  in 
said  notice  the  person  nam^^d  in  such  comrr'aint,  or  any 
person  claiming  an  interest  in  said  liquor  and  v  essels,  or 
any  part  thereof,  rnay  appear  and  show  cause  wh.y  tlie  same 
should  not  be  forfeited.  If  any  person  shall  then  and  there 
so  appear,  he  shall  become  a  })aTty  defendant  in  said  cause, 
and  said  justice  or  police  magistrate  shall  make  a  record 
thereof.  Whether  any  person  so  appear  or  not,  said  com- 
plainants, or  either  of  them,  or  upon  the  lailure  of  such 
complainants  tiie  officer  having  such  liquor  in  custody,  shall 
ap[)ear  before  said  justice  of  the  peace  or  police  magistrate, 
and  prosecute  said  complaint,  and  show  cause  why  such 
liquor  should  be  adjudged  forfeited  ;  and  said  justice  or  po- 
lice magistrate  sliail  make  a  record  of  such  appearance  and 
the  name  of  such  prosecutor,  arid  shall  procred  to  inquire 
whether  said  liquor  and  vessels  be  liable  to  forfeiture  ;  and 
if  upon  the  evidence  then  and  there  pre^^entod  to  \i\va  he 
shall  fnul  that  said  liquor,  or  any  part  tliereof,  wa'=',  when 
seized,  kept  or  carried  hy  any  person  for  the  ])urpose 
of  being  sold  or  given  awav  in  violation  of  thi-^  act,  s  lid  jus- 
tice or  [)ollce  magistrate  shall  render  judgment  thai  said 
liquor,  or  said  part  thereof,  with  the  vessels  in  which  it  is 
contained,  is  forfeited.  Tf  no  person  be  made  defendant  in 
manner  aforesaid,  or  if  judguu'nt  be  in  favor  of  all  the  de- 


13 


1855. 


fendants  who  appear,  t'len  the  costs  of  the  proceedings  shall 
be  paid  by  the  city,  town  or  (if  the  said  iiquor  is  tound  as 
aforesai  1  witiioiit  and  beyoud  the  limits  ot  an  incorporated 
town  or  city)  county,  it' the  judgment  of  said  justice  or 
police  magistrate  siiall  be  against  only  one  defendant  ap- 
pearing as  aforesaid,  lie  sliall  pay  all  the  costs  of  tne  pro- 
ceedings in  the  seizure  and  detention  ot  the  liquor  claimed 
by  him  up  to  that  time  and  of  said  trial.  But  if  such  judg- 
ment shall  be  against  more  tiuin  one  party  defendant  claim- 
ing distinct  interest  in  said  liquor,  tlien  the  costs  of  said 
proceedings  and  trial  shall  be  equitably,  according  to  the 
discretion  of  said  justice  or  police  magistrate,  apportioned 
among  said  defendants;  and  in  either  case  such  costs  shall 
be  collected  by  execution  or  executions  issued  by  said  jus- 
tice or  police  magistrate  again>t  the  property  and  (if  said 
executions  are  issued  by  a  police  magistrate)  bjdies  of  the 
defendants  whose  duty  it  is  to  pay  the  same,  ami  paid  into 
the  treasury  of  the  town,  city  or  county,  as  the  case  inay 
be,  where  tne  said  liquor  was  seized.  And  if  any  sacn  ex- 
ecution shall  not  be  fortliwith  paid,  the  defendant  m  exe- 
cution, if  said  execution  shall  have  been  issued  by  a  police 
magistrate,  shall  be  committed  to  jail,  and  shall  not  oe  re- 
leased therefrom  until  he  shall  have  paid  said  execution 
and  the  costs  of  his  commitment  and  (ietention,  or  if  saijd 
execution  is  issued  by  a  police  magiscrate,  until  he  siiali 
have  been  imprisoned  thirty  days  at  least.  Tlie  said  jus- 
tice of  the  peace  or  police  magistrate  shall  have  power  to 
continue  to  another  time,  not  exceeding  fifteen  days,  tlie 
healing  of  the  question  of  forfeiture  as  iierein  provided,  and 
also  to  adjourn  the  same  from  day  to  day  until  deteriiinied. 
Any  person  appearing  as  aforesaid  may  appeal  from  said  .^p^^ 
judgment  of  forfeiture  (as  to  tiie  whole  or  any  part  of  the  taken, 
liquor  and  vessels  so  adjudged  forfeited  )  to  the  circuit  court 
next  to  be  holden  in  the  county  wherein  such  judgment  is 
rendered,  but  his  appeal  shajl  not  be  allowed  until  lie  sliali 
give  bonds,  with  good  and  sutlicitnt  security,  to  be  approved 
b}^  the  justice  or  police  magistrate  before  v^^iiom  said  judg- 
ment shdll  be  rendered,  to  the  treasurer  of  the  town,  --ity  or 
count}-,  as  the  case  may  require,  in  such  an  amount  as  said 
justice  or  police  magistrate  shall  order,  not  less  tiian  five 
hundred  dollars,  conditioned  that  he  appear  before  said 
circuit  court  and  prosecute  his  said  appeal  and  abide  the 
order  of  the  court  thereupon,  and  also,  that  he  will  not, 
during  the  pendency  of  said  appeal,  violate  any  of  the  pro- 
visions of  this  act ;  and  in  each  instance  in  which  any  such 
appeal  or  appeals  is  or  are  allowed,  said  justice  or  police 
magistrate  shall  transmit  to  the  clerk  of  said  court,  within 
ten  days  thereafter,  and  on  or  betore  the  first  day  of  the 
term  to  which  said  appeal  or  appeals  sluiU  be  taken,  a  copy 
of  said  record,  by  him  made,  of  the  original  complaiiit,  and 


1855. 


14 


all  proceedings  had  before  him  in  the  case  and  said  com- 
plaint; and  the  case  or  cases  ariMiig  upon  said  appeal  or 
appeals  shall  thereupon  be  pending  beliire  said  circuit coJirt. 
It"  befoi'e  said  circuit  court  no  parly  so  appealing  shall  ap- 
pear, the  appeal  bond  or  bonds  shall  be  forfeited,  and  said 
court  shall  render  judgment  that  the  liquor  and  vessels  in 
respect  to  winch  said  appeal  or  appeals  lias  or  have  been 
taken  are  forfeited  ;  but  if  an}'  party  or  parties  so  appeal- 
ing siiail  appear,  said  court  shall  proceed  to  try,  by  jury, 
the  issue  or  issues  arisirig  iiponsaid  appeal  or  appeals,  sev- 
erally or  collectively,  as  said  court  may  deem  j)ri)per  ;  and 
if  by  verdict  of  tiie  jury,  accepted  by  the  court,  it  is  found 
thai  said  liquor,  in  respect  to  which  any  appeal  was  taken, 
was,  wlien  seized,  kept  by  any  person  for  the  purpose  of 
being  sold  or  given  away  in  vioiatiori  of  tiiis  act,  then  said 
liquor  and  vessels  containing  it  shall  be  adjudged  for- 
feited, and  said  court  shall  tax  the  costs  arising  uj)i)n  said 
appeal  against  said  pariy  appealing,  and  ordej-  Una  to  pay 
the  same  forth  with  ;  and  l"or  the  pa)  ment  thereof,  according 
to  said  order,  his  said  appeal  bond  shall  stand  as  security, 
and  said  defendant  may  by  said  court  be  committed  to  jail 
until  the  fine  and  costs  are  paid. 
Forfeited  liquors  §  14.  Wiienever  it  shaJl  be  finally  decided  that  liquor 
toagent'^^'''^'^''^  scized  as  aforesaid  is  forfeited,  the  justice  of  the  peace,  po- 
lice magistrate,,  or  other  court  rendering  final  jddgment  of 
forfeitui-e,  shall  issue  to  the  officer  having  said  liquors  in 
custody,  or  to  some  other  proper  officer,  a  written  order, 
directing  him  to  deliver  said  liquor  and  the  vessels  contain- 
ing it,  to  some  agent  dsily  a})po;nteti  f>ir  the  sale  of  intoxi- 
cating liquors  in  the  city,  town,  township  or  precinct  of  the 
county  wliere  said  liquor  was  seized,  or  in  case  tiiere  be 
no  such  agent  in  said  city,  town,  township  or  precinct,  then 
to  some  other  such  agent  in  some  otiier  cit},  town,,  town- 
ship or  precinct  in  tlie  same  county,  which  order  the  said 
olfice',  after  obeying  the  com  nands  thereof,  shall  return  to 
said  court  with  his  doings  thereon  endorsed.  Sai  1  agent 
shall  receive  said  liquor  and  vessels,  and  if,  in  his  opinion, 
the  same,  or  any  part  thereof,  be  fit  to  be  sold  for  ;iiiy  law- 
ful uses,  he  shall  sell  tlie  same,  or  such  part  thereor',  in  the 
cours^e  of  his  agency,  for  the  benefit  of  the  city,  town  or 
county,  as  the  case  may  be,  wherein  the  same  wer*  seized; 
and  if,  in  his  0|vinion,  twe  same,  or  any  part  thereof",  be  not 
fit  to  be  sold,  he  shall  destroy  the  same, or  such  part  there- 
of. Whenever  it  shall  be  finally  decided  that  any  liquor 
so  seized  is  not  liable  to  forfeiture,  the  court  so  Oeciding 
shall  issue  a  written  order  to  the  olficer  having  the  same  in 
custody,  or  to  some  other  proj)er  officer,  to  restore  said 
liquors,  with  the  vessels  containing  it,  to  the  piae.'  where 
it  was  seized,  as  nearly  as  may  l)e,  or  to  the  person  enti- 
tled to  receive  it,  which  order  the  said  olHcer,  alter  obey- 


15 


1855. 


ing  tb.e  commands  tlipreof,  sliall  return  to  said  court  with 
his  doings  tlioreon  endorsed.  And  llie  costs  of  the  pro- 
eefidings  in  sucli  case  siiall  be  taxed  and  paid  by  the  city, 
town  or  county  wiierein  said  liquor  was  so  'Seized. 

§  15.  Whenever  any  othcer  autliorized  to  commence 
a  prosecution  t\)r  a  violation  ot  the  ninth  section  of  this 
act,  shall  in  any  way  receive  notice  that  iiquor  has  been 
seized  upon  a  warrant  issued  pursuant  to  ttie  twelith  sec- 
tion of  this  act,  said  olHcer  shall  immediatejy  cause  a  pros- 
ecution for  violation  of  said  umUi  section  to  be  commenced 
before  the  justice  or  police  magistrate  who  issued  said 
warrant  against  the  pi  rs-in  named  in  said  warrant  as  the 
owner,  or  keejjer,  or  cairier  of  the  liquid  to  be  seized, 
unless  such  j)rosecution  siiali  have  been  already  commenced 
by  some'otiier  proj)er  officer. 

§  16.  A  complaint  under  the  twelfth  section  of  this  act 
may  be  in  form,  substantially,  as  follows  : 

"  To  A.  B.,  esq.,  a  justice  of  the  peace  of  the  county  of  Yorm  ot 
,  or  police  ma  >istrate  of  tiie  city  of       ,   [as  the  Plaint* 
case  may  be. J     The  complaint  of  the  undersigned  [resi- 
•dent  in  said  ,  of  lull  age,]  sheweth  that  in  a  certain 

place  in  said  ,  to  wit:   |  ijere  insert  description  of 

shop,  house,  or  other  place,  de.scribii.g  tiie  same  as  nearly 
as  may  be,]  certain  liquor,  to  wit  :  [iiere  insert  descrip- 
tion of  liquoi',  describing  the  same  as  nearly  as  may  be]  is 
owned  or  kept  fas  the  same  may  be]  by  C.  D.  in  the 
5  in  the  cu«nty  of  ,  and  is  iniended  by  said  C. 

D.,  to  be  sold  or  given  away  in  vi  jiation  oi  the  act  of  1855, 
entitled  ''An  act  for  t',e  suppression  of  intemperance,  and 
to  amend  chapter  thirty  ot  the  Revised  Statutes,"  and 
against  the  peace  and  dignity  of  the  people  of  the  state  of 
Illinois.  Whereibre,  .  le  comijiainants  j)ray  your  honor  to 
issue  a  warrant  of  search,  that  said  place  may  be  searched, 
and  said  liquor  seized  and  disposed  of  according  to  law. 
Dated  at  ,  this  day  of  .        E.  F., 

G.  H., 
I.j." 

The  justice  of  the  peace  or  police  magistrate  to  whom 
such  cocnpiaint  is  made,  having  adininisJei ed  the  oath  or 
athrmatiou  required  by  sectian  twelfth,  may  certify  on  such 
coinj)laint  the  ddininistraliun  uf  said  oath  and  his  iiiiding 
thereon,  in  the  following  form  : 

 county — ss.    [Town  or  city  and  date.]     Per-  porm  ot 

sonaily  appeared  E.  F.,  G.  H.  and  1.  J.,  residents  in  said 
,  being  of  lull  age,  and  j)resented  to  me  the  forego- 
ing complaint,  by  tLem  signed,  and  nidde  solemn  oath  [or 
atiirmation,  as  the  case  may  be]  before  me,  that  they  have 


1855. 


16 


reason  to  believe,  and  do  believe  to  be  substantially  true 
the  allegations  in  said  complaint.  Wiiereupon,  I  find  that 
probable  cause  exists  Tor  said  complaint ;  aiid  [in  case  a 
dwelling  house,  &c.,  is  to  be  searchedj  the  said  ,  one 
of  said  complainants,  having  on  his  oath  [or  affirmation] 
before  me  declared  that  he  lias  reason  to  believe,  and  does 
believe,  tiiat  within  one  month  next  before  the  making  of 
said  comiilaint,  spiritous  or  intoxicating  liquor,  or  mixed 
liquor,  a  part  of  which  is  spiritous  or  intoxicating,  has 
been  sold  in  violation  of  the  act  of  1855,  for  the  suppres- 
sion of  intemperance,  and  to  amend  chapter  thirty  of  the 
Revised  Statutes,"  in  said  house,  or  in  some  dependency 
thereof,  by  the  person  accused,  or  by  his  consent  or  per- 
mission, upon  the  facts  and  circumstances  disclosed  by 
said  ,  to  me,  I  am  of  the  opinion  he  has  adequate 

cause  for  such  belief. 

A.  B,,  J,  P.  or  Police  Ma^istratt.''^ 

A  warrant  issued  pursuant  to  section  twelfth  may  be,  in 
form,  substantially  as  follows  : 

of  warrant.  "  The  peoplc  of  the  state  of  Illinois  to  the  sheriff  of  the 
county  of  ,  his  deputy,  or  either  constable  of  said 

county,  or  [if  the  warrant  is  to  be  executed  ii»  any  city] 
to  tiie  sheriff,  deputy  sheriff,  or  constable  of  the  county 
of  5  or  marshal  of  the  city  of  ,  greeting  : 

'•Whereas,  E.  F.,  G.  H.  and  I.  J.,  residents  in  said  , 
being  of  full  age,  have,  before  me,  made  their  written 
complaint,  tiiat  in  a  certain  place  in  said  ,  to  wit: 

in  [iiere  insert  a  description  of  shop,  house,  or  other  place, 
describing  the  same  as  nearly  as  may  be]  certain  liquor,  to 
wit :  [here  insert  a  description  of  the  liquor  as  nearly  as 
may  be]  is  owned  or  kept  [as  the  case  may  be]  by  C.  D., 
of  [iiame  of  county,  city,  town  or  other  place,  naming  it,] 
and  is  intended  by  said  C.  D.,  to  be  sold  or  given  away,  in 
violation  of  the  act  of  1855,  entitled  "An  act  for  the  sup- 
pression of  intemperavice,  and  to  amend  cliapter  thirty  of 
the  Revised  Statutes,"  and  against  the  peace  and  dignity 
of  tlie  people  of  the  state  of  Illinois. 

"And  whereas,  said  complainants  have  before  me  made 
solemn  oath  [or  aihnnation,  as  the  case  may  be]  that 
they  have  reason  to  believe,  and  do  believe,  to  be  sub- 
stantially truci,  the  allegations  in  said  complaint  ;  and  " 
whereas  I  do  find  that  probable  cause  exists  for  said  com- 
plaint, and  [in  case  a  dwelling  house,  &c.,  is  to  bo  • 
searched,]  and  tlie  said  ,  one  of  said  coin])lainants,  \ 

having  on  his  oatii  [or  affirmation,  as  the  case  may  be,] 
belbi  e  ine  declared  that  he  has  reason  to  believe,  and  does 
believe,  that  wiinin  one  month  next  before  the  making  of 
said  complaint,  spiritous  or  intoxicating  liquors,  or  mixed  V 


17 


1856 


liquors,  part  of  which  is  spiritous  or  intoxicating,  has 
been  sold  in  violation  of  tlie  act  of  1855,  for  "the  sup- 
pression of  intemperance,  and  to  amend  chapter  thirty  of 
ihe  Revised  Statutes,"  in  said  house  or  some  dependency 
thereof,  by  the  person  accused  in  the  complaint  aforesaid, 
or  by  his  consent,  [or  permission,]  upon  the  facts  and  cir- 
cumstances disclosed  by  said  ,  I  am  of  opinion  that 
he  has  adequate  cause  for  such  belief ;  now,  therefore, 
in  the  name  and  by  the  authority  of  the  people  of  the  state 
of  Illinois,  you  are  hereby  commanded  to  search  thorough- 
ly, the  said  place,  and  to  seize  said  liquor  and  the  vessels 
containing  it,  and  securely  keep  the  same  until  final  action 
be  had  thereon.  Hereof  fail  not,  but  due  return  make. 
Dated  at           ,  this       day  of 

A.  B.,  J.  P., or  Polite  Magistrate. 

The  form  of  notice  required  by  section  thirteen  may  be 
fubstantially  as  follows  : 

"To  C.  D.  of  ,  in  the  county  of       ,  and  to  all  oth-  Fonao/  notAm 

ers  whom  it  may  concern — Greeting  : 

"  Whereas,  pursuant  to  the  provisions  of  an  act  entitled 
"An  act  for  the  suppression  of  intemperance,  and  to  amend 
chapter  thirty  of  the  Revised  Statutes,"  upon  due  com- 
plaint, dated  ,  and  upon  warrant  duly  issued  upon 
said  complaint,  certain  liquor,  with  the  vessels  containing 
it,  [describe  the  liquor  and  the  vessels  with  reasonable  cer- 
tainty] was  seized  at  [describe  the  place  as  nearly  as  may 
be]  in  the  ,  of  ,  on  the  day  of  ,  A. 
D.,  18  ,  by  [name  of  officer]  a  [sheriff,  deputy  sheriff, 
or  other  officer,  as  the  case  may  be]  which  said  liquor 
and  vessels  were  seized  because  it  is  alleged  that  said 
liquor  was  owned,  or  kept,  or  carried,  by  some  per- 
«on,  with  intent  that  said  liquor  should  be  sold  or 
given  away  contrary  to  the  law.  And  whereas  the  said 
fiquor,  if  so  owned  or  kept,  v/ith  such  intent,  is  liable  to 
forfeiture;  now  you,  the  said  C.  D.,  and  all  others  whom  it 
may  concern,  are  hereby  summoned  to  appear  before  me 
at  [name  of  town,  city,  or  other  place,]  on  the  day 
of  ,  at  o'clock,  in  noon,  then  and  there 
to  show  cause,  if  any  you  have,  why  said  liquor  and  ves« 
eels  should  not  be  adjudged  forfeited. 

Dated  at  ,  this        day  of        ,  A.  D.  18  . 

A.  B.,  J.  P.,  or  Police  Magistrate^ 

§  17.  If  any  person  shall  be  found  in  a  state  of  intoxi- 
cation in  any  highway,  street,  court  house,  or  other  public 
place,  or  shall  be  found  in  a  state  of  intoxication  in  any 
place,  committing  any  breach  of  the  peace,  or  disturbing 
others  by  noise,  any  sheriff,  deputy  sheriff,  constable,  or 
2 


1855. 


18 


[if  within  any  city,]  said  officer,  or  any  police  ofTicer  of  a 
city,  city  marshal  or  other  o[ficer,  may,  without  warrant, 
and  it  is  hereby  made  his  duty  to  take  such  person  into 
custody,  and  detain  him  in  some  proper  place  until,  in  the 
opinion  of  such  officer,  he  shall  be  so  far  recovei  ed  from 
his  intoxication  as  to  be  capable  of  properly  testifying  in  a 
court  of  justice,  and  shall  then  bring  him,  if  said  jjerson  is 
willing  before  some  justice  of  the  peace  of  the  county,  or 
if  arrested  within  a  city,  police  magistrate  of  a  city  ;  and 
if  such  person  is  willing  to  make  full  disclosures  regard- 
ing the  person  or  persons  of  whom,  and  the  tin  e,  place 
and  manner  in  which  the  liquor  producing  his  intoxication 
was  procured,  and  all  the  circumstances  attending  it,  such 
justice  or  police  magistrate  shall  administer  to  him  the  oath 
provided  for  witnesses,  and  he  shall  inquire  of  iiim  in  the 
presence  of  the  officer,  regarding  the  matter,  and  if  upon 
such  inquiry,  it  fshall  appear  to  such  officer  that  any  of  the 
offenses  specified  in  the  eigiith  or  ninth  sections  of  this  act 
have  been  committed  within  this  state, such  officer  [who  is 
hereby  authorized  so  to  do]  shall  in  due  form  of  law  file 
his  complaint  to  said  justice  or  police  magistrate  against 
the  person  or  persons  upon  such  disclosure  ap])earing  to 
the  officer  to  be  guilty  tiiereol,  and  shall,  if  the  said  per- 
son so  taken  intoxicated  be  willing  thereto,  detain  said 
person  until  the  trial  of  said  complaint  before  said  justice 
or  police  magistrate.  And  said  justice  or  police  magis- 
trate shall  issue  his  warrant  for  the  immediate  arrest  of  the 
person  charged  in  said  complaint,  and  he  shall  accord- 
ingly be  arrested  and  brought  before  said  justice  or  police 
magistrate  [as  the  case  may  be]  to  answer  to  said  com- 
plaint, and  shall  be  tried  thereon  without  unnecessary  de- 
lay, and  convicted  or  acquitted  in  due  form  oi'iavv;  and  it 
siiall  be  the  duty  otsaid  officer  to  prosecute  sucli  complaint, 
and  of  any  state's  attorney,  or  [it  the  offence  is  committed 
within  the  limits  or  jurisdiction  of  a  cityj  the  city  attor- 
ney to  assist  him  in  such  prosecution.  And  tiie  person  so 
arrested,  when  taken  and  brought  before  said  justice  of  the 
peace  or  police  magistrate  shall  be  immediately  put  to 
plead  to  said  complaint;  and  unless  he  j^lead  guilty,  the 
trial  of  said  complaint  shall  be  commenced,  and,  whether 
he  plead  guilty  or  not,  the  testimony  of  the  person  found 
intoxicated  as  aforesaid  shall  be  taken,  of  which  testimony 
the  said  justice  or  police  magistrate  shall  make  a  true  re- 
cord ;  and  if  the  person  so  complained  against  sliall  be 
found  guilty,  and  siiall  appeal  from  the  ju(iguieiit  of  said 
justice  or  police  magistrate,  or  [in  the  cases  before  a  jus- 
tice hereinbefore  provided  lor  in  sections  eight  and  nine] 
shall  give  bail  foi  his  appearance  at  the  next  term  of  the 
circuit  court  of  the  county  wherein  said  jucigmeni  is  ren- 
dered, or  shall  be  committed  in  default  of  giving  bail  for 


19 


1855. 


his  said  appearance,  said  justice  may,  in  his  discretion, 
recognize  with  surety  such  witness  for  his  aj)pearance  to 
testify  in  said  case  before  tf)e  court  to  which  said  appeal 
may  be  taken,  or  to  which  said  defendant  shall  be  required 
to  appear.  And  if  upon  such  trial  or  trials  the  person  so 
found  intoxicated  shall,  in  the  opinion  of  the  prosecuting 
officer,  testify  freely,  fully  and  fairly  regarding  the  procure- 
ment or  receipt  of  the  liquor  which  produced  his  intoxica- 
tion, the  person  or  persons  of  whom,  and  on  what  terms  it 
was  obtained  or  received,  and  the  time  and  place  of  such 
receipt,  and  all  the  circumstances  regarding  it,  he  shall  be 
discharged,  and  no  evidence  which  he  shall  have  given, 
either  before  said  justice  or  police  magistrate  in  makin:; 
8uch  disclosures,  or  as  a  witness  upon  said  trial  or  trials, 
shall  be  used  against  him  in  any  trial  or  proceeding  what- 
ever; nor  shall  any  prosecution  be  instituted  or  carried  on 
against  him  for  or  on  account  of  such  intoxication.  But  if  Refu»8t©iest!fr 
he  shall  refuse  to  be  taken  before  said  justice  of  the  peace 
or  police  magistrate,  as  hereinabove  provided,  by  the  offi- 
cer or  officers  having  him  in  custody,  or  if,  when  brought 
before  such  justice  of  the  peace  or  police  magistrate,  he 
shall  refuse  to  make  disclosures  before  said  justice  or  po- 
lice magistrate  in  the  manner  hereinbefore  provided  for,  or 
shall  refuse  to  testify  freely  and  fully,  as  a  witness  on  said 
trial  or  trials,  then  he  shall  be  in  due  form  prosecuted  for 
his  intoxication,  and  on  conviction  thereof  be  punished  as 
provided  in  the  twenty-sixlh  section  of  this  act.  The  costs 
of  the  arrest  and  detention  of  the  person  so  taken  intoxi- 
cated shall,  upon  the  order  ot  the  justice  or  police  magis- 
trate before  whom  such  person  is  brought,  be  paid  from  the 
treasury  of  the  town,  city  or  county  in  which  tiie  arrest  is 
made.  Tiiis  section  shall  not  be  so  construed  as  to  author- 
ize the  forcible  detention  of  the  person  so  taken  intoxica- 
ted after  he  shall  have  recovered  from  liis  intoxication,  un- 
til the  trial  of  the  person  or  persons  against  whom  his  dis- 
closures shall  be  made  before  the  justice  or  police  magis- 
trate ;  but  if  such  person,  upon  recovering  from  his  intoxi- 
cation, shall  not  voluntarily  consent  to  go,  and  go  with  the 
officer,  and  make  the  disclosures  contemplated  in  tiiis  sec- 
tion, and  shall  not  thereafter  voluntarily  remain  in  custody 
of  such  officer,  or  some  other  proper  person  by  said  officer 
designated,  until  such  trial,  he  shall  be  forthwith  ])rosecu- 
ted  for  his  intoxication  under  the  twenty-sixth  section  of 
this  act ;  and  any  officer  who  by  this  section  is  authorized 
to  arrest  such  intoxicated  persons,  may  make  complaint 
against  and  prosecute  such  person  for  such  intoxication. 

5>  18.    Every  sheriff,  deputy  sheriff  and  constable  of  any  ^"ty  of  ehemi^, 

^  %  ^  I    1  ^1  1-  c  constables,  mar- 

county,  mayor  or  city  marshal,  or  other  police  oiiicer  or  siiaisj&c. 

any  city,  or  the  president  and  trustees  of  any  incorporated 

town,  are  hereby  authorized,  and  it  is  hereby  made  their 


1855. 


20 


duty,,  within  their  respective  counties  or  cities  or  towns, 
as  the  case  may  be,  when  any  violation  of  any  of  the  pro- 
visions of  this  act  shall  come  to  their  or  his  knowledge,  or 
on  being  informed  of  the  same,  and  being  furnished  with 
reasonable  proof  of  the  tact,  or  having  good  reason  to  sus- 
pect that  an  offense  has  been  committed  against  this  act,  to 
make  the  complaints,  and  to  institute  and  carry  on  prosecu- 
tions against  any  person  or  persons  violating  the  provisions 
of  this  act  as  hereinbefore  provided  ;  and  any  complaint 
herein  provided  for  may  be  so  made  by  any  one  of  the  said 
officers.   If  any  such  officer  receiving  salary  or  fees,  know- 
ing or  being  informed,  and  being  furnished  with  reasonable 
proof  of  the  fact,  or  having  good  reason  to  believe  or  sus- 
pect that  any  person  or  persons  have,  within  their  respect- 
ive jurisdictions,  been  guilty  of  violating  any  of  the  pro- 
visions of  this  act,  shall  fail  to  make  complaints  and  insti- 
tute and  carry  on  prosecutions  against  such  person  or  per- 
sons so  offending,  as  herein  provided  for,  said  officer  or  of- 
ficers shall,  upon  conviction,  be  punished  by  fine  not  less 
than  twenty- five  and  not  exceeding  one  hundred  dollars. 
And  moreover,  upon  conviction,  if  the  same  shall  be  had  in 
the  circuit  court  of  the  county  wherein  such  officer  shaH 
hold  his  office,  or  of  the  circuit  court  of  any  other  county 
to  which  the  same  may  be  removed  by  change  of  venue  un- 
der the  laws  of  this  state,  it  shall  be  the  duty  of  the  court 
before  whom  such  conviction  shall  be  had,  to  declare  the 
office  of  said  officer  vacant ;  and  said  officer  shall  thereafter 
be  disqualified  from  holding  the  same  office  anywhere  in  the 
}vn  ally  for  vioia-  statc  of  Iliinois.    For  any  violation  of  this  section  prosecu- 
tions  may,  upon  the  complaint  of  any  resident  of  the  coun- 
ty, or  (in  case  of  violation  hereof  by  a  city  marshal,  mayor 
or  other  police  officer  of  any  city,)  city  wlierein  said  offi- 
cer shall  hold  his  office,  before  any  justice  of  the  peace, 
or  in  case  of  a  city  officer,  police  magistrate,  or  by  indict- 
ment in  the  circuit  court  of  the  county  wherein  said  officer 
shall  hold  his  office.    Nothing  in  this  section  shall  be  con- 
strued to  prevent  any  residents  of  a  town,  city  or  county, 
as  the  case  m^y  be,  trom  making  complaints  and  institu- 
ting ana  carrying  on  prosecutions  as  in  other  sections  of 
this  act  provided.    Sheriffs,  deputy  sheriffs  and  constable! 
are  authorized,  and  it  is  hereby  expressly  made  their  duty, 
to  make  said  complaints  and  institute  and  carry  on  prose- 
cutions for  violations  of  this  act  where  the  offenses  may  be 
committed  within  the  limits  of  an  incorporated  city,  or  any 
otlier  place  in  their  county,  anything  in  any  law  or  charter 
to  "the  contrary  notwithstanding. 
*  K.....      5  19.    All  cases  under  this  act  which  shall  come  by  ap- 

Oanes  to  be  con-       i  .  ,  j  r 

.nut.'d  by  iiic  peal,  writ  of  error  or  in  any  olhcr  manner  before  any  higher 
tor'aeys.         court  than  a  justice's  court,  shall  in  such  higher  court  be 


21 


1855. 


conducted  by  the  state's  attorney  or  (in  case  the  offense 
be  committed  witliin  the  limits  of  any  city,)  city  attorney 
(as  tlie  case  may  be)  in  behalf  of  the  prosecution,  and  shall 
take  precedence  in  such  court  of  all  other  criminal  business, 
except  those  criminal  cases  in  which  the  parties  accused 
are  actually  under  arrest  awaiting  trial ;  and  the  prosecu- 
ting officers  shall  not  have  authority  to  enter  a  nolle  pros- 
equi, except  by  the  consent  of  the  court,  and  where  the 
purposes  of  justice  manifestly  require  it. 

§  21.  Whenever  default  shall  be  had  of  any  recogni-  saitonborui. 
sance,  or  whenever  a  breach  of  the  condition  of  any  recog- 
nisance or  bond  given  pursuant  to  this  act  shall  have  oc- 
curred, the  proper  officer  shall  forthwith  commence  suit 
upon  said  recognisance  or  bond,  and  pursue  the  same  to 
final  judgment  as  speedily  as  possible.  Any  judgment  re- 
covered in  such  suit  shall  be  for  the  full  amount  of  said 
recognisance  or  bond,  with  costs  of  suit;  and  no  court  or 
officer  shall  remit  to  the  defendant  or  defendants  any  part 
of  said  judgment. 

§  22.  In  any  complaint  or  indictment  under  this  act,  it  ^-^^  nece55sary  u 
shall  not  be  necessary  to  set  forth  exactly  the  kind  or  quan-  of  liquor m  com- 
tity  of  liquor  sold  or  manufactured,  nor  whether  the 
accused  was  a  principal  or  clerk,  servant  or  agent,  or  the 
exact  time  of  the  sale  or  the  manufacture  thereof,  but  proof 
of  the  violation  by  the  accused  of  any  provision  of  this  act, 
the  substance  of  which  violation  is  briefly  set  forth  in  said 
complaint  or  indictment,  within  the  times  mentioned  in  said 
complaint,  shall  be  sufficient  to  convict  such  persons  ;  and 
it  shall  not  be  requisite  in  any  complaint  or  indictment  for 
a  second  or  subsequent  offence  to  set  forth  the  record  of  a 
former  conviction,  but  it  shall  be  sufficient  briefly  to  allege 
in  such  complaint  such  former  conviction.  Nor  shall  it  be 
necessary,  in  every  case,  to  prove  payment  in  order  to  prove 
a  sale  within  the  meaning  of  this  act.  This  act  shall  in  all 
courts  be  liberally  construed  for  the  detection  and  punish- 
ment of  offenses;  and  any  defects  in  any  complaint  or  in- 
dictment or  declaration,  either  of  form  or  substance,  may 
be  amended  by  the  court  before  which  the  same  is  pend- 
ing, whether  by  original  entry,  appeal  or  otherwise. 

§  23.  A  justice  of  the  peace,  police  magistrate  or  clerk 
©f  the  circuit  court  shall  be  entitled  to  receive  for  causing 
notices  to  be  posted  up  and  left  pursuant  to  section  13, 
fifty  cents  for  each  notice  ;  and  for  receiving  a  complaint 
and  making  certificate  thereon,  as  required  by  sections  12 
and  16,  the  justice  of  the  peace  or  police  magistrate  shall 
be  entitled  to  receive  one  dollar;  for  issuing  an  order  pur- 
suant to  section  14,  fifty  cents  ;  where  notice  shall  be  pub- 
lished in  a  newspaper,  the  printer  or  publisher  of  such  pa- 
per shall  be  entitled  to  receive  such  compensation  as  the 


I 


1856.  22 

court  shall  order;  and  tlie  officer  w]io  shall  make  service 
of  any  warrant  i'or  the  seizure  of  liquor,  sljall  be  allowed 
for  tlie  same  two  dollars  ;  i'or  the  removal  and  custody  of 
said  liquor,  his  reasonable  expenses  and  one  dollar;  for  the 
delivery  of  any  such  liquor  under  order  of  tlie  court,  his 
reasonable  expenses  and  one  dollar;  and  for  posting  and 
leaving  the  notices  required  by  section  13  and  33,  one  dol- 
lar. For  all  other  services  under  this  act,  tlie  said  justice 
of  the  peace,  police  magistrate,  clerks  or  other  officers  shall 
be  allowed  to  receive  tiie  same  compensation  as  is  now  by 
law  allowed  for  similar  services.  Nothing  in  this  act  or  any 
Additional  com-  law  of  this  statc  shall  prevent  any  of  said  officers  from  re- 
ceiving any  additional  compensation  which  may  be  allowed 
to  them  by  the  ordinances  of  aay  incorporated  town  or  city. 
Nor  shall  any  interest  \^'hich  said  officers  may  have  in  their 
fees  or  in  such  compensation  render  saicl  officers  incompe- 
tent to  testify  as  witnesses  in  any  trial  or  proceeding  au- 
thorized by  this  act ;  nor  shall  any  person  be  rendered  in- 
competent to  testify  as  a  witness  in  any  trial  or  proceed- 
ing authorized  by  this  act  by  reason  or  on  account  of  said 
person  being  an  inhabitant  of  any  town,  city  or  county 
wherein  an  offence  may  be  committed,  or  such  proceeding 
may  be  had. 

•«mmon  council  §  24.  The  commou  council  of  any  city,  the  president 
i?eS*of  boad^  trustees  of  any  incorporated  town,  or  the  board  of  su- 
pervisors, or  the  county  court  of  any  county,  whenever 
complaint  shall  be  made  to  them  that  a  breach  of  the  con- 
dition of  the  bond  given  by  an  agent  apjiointed  by  tliem 
under  this  act  has  been  committed,  shall  notify  such  agent 
of  such  complaint,  and  if  upon  hearing  of  the  parties  it  shall 
appear  that  any  such  breach  has  been  committed,  they  shall 
revoke  said  agent's  appointment  ;  and  whenever  such 
breach  is  in  any  way  made  known  to  the  common  council 
of  any  citj',  the  president  and  trustees  of  any  town,  the  board 
of  supervisors  or  county  court  of  any  county,  or  any 
one  of  them,  they  or  he  shall,  at  the  expense  and  for  the  use 
of  said  city,  town  or  county,  cause  the  bond  to  be  put  in 
suit. 

F«»«ity  for  vio-  §  25.  All  payments  or  compensations  for  liquor  here- 
5i!rffi^tMla?t'  after  sold  in  violation  of  this  act,  whether  such  compensa- 
tion be  in  money,  goods,  land,  labor,  or  anything  else,  shall 
be  held  to  have  been  received  in  violation  of  law  and  against 
equity  and  good  conscience,  and  to  have  been  received 
upon  a  valid  promise  and  agreement  of  the  receiver  in  con- 
sideration of  the  receipt  thereof  to  pay  to  the  person  fur- 
nishing such  consideration  on  demand  the  amount  of  said 
money,  or  the  just  value  of  such  goods,  land,  labor  or  other 
thing.  All  sales,  transfers,  conveyances,  mortgages,  liens, 
attachments,  pledges  and  Securities  of  every  kind,  which 
either  in  whole  or  in  part  shall  have  been  made  for  or  on 


23 


1855. 


account  of  sjiiritous  or  intoxicating  liquors  sold  in  violation 
of  tlii?  act,  siiall  be  utterly  null  and  void  against  all  [)er- 
flons  in  all  cases,  and  no  rights  of  any  kind  shall  he  acqui- 
red thereby  ;  and  no  action  of  any  kind  shall  be  maintained 
in  any  court  of  this  state  for  spiritous  or  intoxicatirig  liquors, 
or  mixed  liquor,  of  which  a  part  is  S[)jritous  or  intoxicating, 
sold  in  any  other  state  or  country  contrary  to  the  la  w  of  said 
state  or  country,  or  with  intent  to  enable  any  person  to  vio- 
late any  provision  of  this  act,  nor  shall  any  action  be  main- 
tained for  the  recovery  or  possession  of  spiritous,  or  itoxi- 
icating,  or  mixed  liquor,  or  the  value  thereof,  except  in 
cases  where  persons  owning  or  possessing  such  liquor,  with 
lawful  intent,  may  have  been  illegally  deprived  of  said 
liquor.  Nothing  in  this  section,  however,  shall  affect  in 
any  way  negotiable  paper  in  the  hands  of  any  bona  fide 
holder  thereof  who  may  have  given  valuable  consideration 
therefor,  without  notice  of  any  illegality  in  its  inception  or 
transfer,  or  the  holder  of  land  or  other  property  who  may 
have  taken  the  same  in  good  faitli  without  notice  of  any 
defect  in  the  title  ©f  the  person  from  whom  it  was  taken  ; 
and  all  other  sections  of  this  act,  and  all  evidence  given  un- 
der them,  shall  be  construed  in  the  same  way  as  they  would 
be  if  this  section  were  omitted  from  this  act,  and  have  the 
same  effect.  In  all  actions  at  law  or  suits  in  equity  brought 
for  the  recovery  of  spiritous,  intoxicating  or  mixed  liquor, 
or  the  value  thereof,  or  founded  upon  sales,  transfers,  con- 
veyances, mortgages,  liens,  attachments,  pledges  and  se- 
curities of  every  kind,  which  either  in  whole  or  in  part 
shall  have  been  made  for  or  on  account  of  spiritous  or  in- 
toxicating liquor  sold  in  violation  of  this  act,  it  shall  not  be 
necessary  for  the  defendant  or  defendants  to  plead  the 
same,  or  that  said  liquor  was  sold  contrary  to  the  provis- 
ions of  this  act,  but  the  same  may  be  given  in  evidence  on 
the  trial  of  such  action  or  suit  in  equity  ;  and  whenever  it 
shall  appear  in  evidence  or  by  the  pleadings  to  any  court 
before  which  such  actions  at  law  or  suit  in  chancery  shall 
be  tried  or  pending,  that  the  same  is  brought  for  the  recov- 
ery of  spiritous  or  intoxicating  liquor,  or  mixed  liquor  sold 
contrary  to  tlie  provisions  of  this  act,  or  the  value  thereof, 
(except  in  cases  where  persons  owning  or  possessing  such 
liquor  with  lawful  intent,  may  have  been  illegally  deprived 
of  said  liquor,)  or  is  founded  upon  any  sale,  transfer,  con- 
veyance, mortgage,  lien,  attachments,  pledges  or  securi- 
ties of  any  kind,  which  either  in  whole  or  in  part  shall  have 
been  made  for  or  on  account  of  spiritous  or  intoxicating 
liquor  sold  in  violation  of  this  act,  it  shall  be  the  duty  of 
laid  court,  whether  the  defendant  or  defendants  interpose 
said  defense  or  not,  or  w^hether  the  said  defendant  or  de- 
fendants desire  the  same  to  be  done  or  not,  forthwith  to 
dismiss  the  said  action  at  law  or  suit  in  equity,  at  the  cost 


Not  to  oxieud  u 
negotiabie  p:i; 
in  the  hands  or 
holder /JOWfJ.  fid^f 


1865. 


24 


of  the  plaintiff  or  plaintiffs  or  complainant  or  complainants, 
unless  the  said  action  at  law  or  suit  in  equity  shall  be  in- 
ftituted  for  his  own  use  and  benefit  by  the  bona  fide  holder 
~  of  negotiable  paper,  who  may  have  given  a  valuable  con- 
sideration therefor  without  notice  of  any  illegality  in  its  in- 
ception or  transfer,  or  the  holder  of  land  or  other  property 
who  may  have  taken  the  same  in  good  faith,  without  notice 
of  any  defect  in  the  title  of  the  person  from  whom  it  was 
taken. 

p-me  for  being     §  26.    If  any  person  shall  be  found  intoxicated  in  any 

tp31nthe?ubHc  highway,  street,  court  house  or  other  public  place,  or  shall 
puk.?b.  found  in  a  state  of  intoxication  in  any  place  committing 

any  breach  of  the  peace,  or  disturbing  ot!iers  by  noise,  he 
shall,  on  conviction  thereof,  pay  a  fine  of  twenty  dollars  to 
the  city,  town  or  (if  found  intoxicated  in  any  highway, 
street,  court  house  or  other  public  place,  or  shall  be  found 
in  a  state  of  intoxication  in  any  place  committing  any  breach 
of  the  peace,  or  disturbing  others  by  noise  without  the  lim- 
its of  an  incorporated  city  or  town)  county  in  which  th« 
offense  is  committed,  together  with  the  costs  of  prosecu- 
tion, and  stand  committed  until  the  fine  and  costs  are  paid^ 
Every  prosecution  for  a  violation  of  this  section  shall  b« 
heard  and  determined  by  a  justice  of  the  peace  ol  the 
county  or  (if  within  the  limits  of  an  incorporated  city)  by 
a  police  magistrate  of  the  city  where  the  offense  was  com- 
mitted; bat  the  person  convicted  upon  said  prosecution 
may  appeal  from  said  judgment  to  the  circuit  court  of  the 

s'fovjM,.  county  in  which  the  offense  is  committed  :  Provided^  that 

he  shall  forthwith  give  such  bond  (of  recognisance)  with 
surety  as  said  justice  or  police  magistrate  shall  order,  con- 
ditioned for  his  appearance  at  the  next  term  of  the  said  cir- 
cuit court  to  answer  said  complaint,  and  for  abiding  the 
judgment  that  may  be  rendered  by  the  court  thereon;  and 
if  in  case  of  conviction  of  said  offense  before  any  police 
magistrate,  or  before  the  circuit  court,  the  person  so  con- 
victed shall  fail  to  pay  the  fine  and  the  costs  of  his  prose- 
cution, he  sliall  be  committed  to  jail,  and  vshall  not  be  re- 
leased until  he  shall  have  been  imprisoned  for  thiity  days. 
And  if  any  officer  autliorized  to  arrest  with  or  without  war- 
rant any  person  so  found  intoxicated  shall  fail  so  to  arrest  any 
person  whom  he  may  see  intoxicated,  said  officer  shall  for- 
feit and  pay  for  every  such  offense  twenty  dollars,  to  be 
recovered  by  an  action  of  debt  before  any  justice  of  the 
peace  of  the  county  or  police  magistrate  of  any  city  within 
which  said  officer  shall  iiold  his  office. 

c»n.peu*auon  to  "  §  27.  The  commou  council  of  any  city,  the  president 
and  tiustees  of  any  incorporated  town,  the  board  of  su- 
pervisors or  the  county  court  of  any  county,  or  a  majority 
of  either  of  said  bodies,  may  approj)riate  out  of  the  city, 
town  or  county  treasury  such  sums  as  in  their  judgment 


25 


1865, 


ihall  be  necessary  for  the  purchase  of  spiritous  or  intoxi- 
aating  liquor  by  the  agent  or  agents  of  said  city,  town  or 
county,  to  be  by  him  or  them  sold  under  the  provisions  of 
this  act.  And  no  agent  appointed  under  this  act  shall 
have  power  on  behalf  of  any  city,  town  or  county  to  con- 
tract any  debt  for  spiritous  or  intoxicating  liquors  which 
•hall  to  any  extent  be  binding  on  such  city,  town  or  coun- 
ty. All  fines  and  forfeitures  collected  under  the  provi- 
lions  of  this  act,  and  all  profits  accounted  for  by  agents  to 
fell  spiritous  or  intoxicating  liquors  shall  be  applied —  \^nel**JS  *«* 
first,  to  the  payment  of  the  compensation  allowed  said  *eiture». 
agent  or  agents,  next  to  the  payment  of  costs  which  may 
under  the  provisions  of  this  act  be  incurred  by  said  city, 
town  or  county,  and  the  remainder,  if  any,  shall  be  put 
into  the  school  fund  of  the  city,  town  or  county,  as  the 
ease  may  require,  in  which  the  oflTense  may  have  been 
committed  or  the  profits  made.  If  any  agent  appointed 
ander  this  act,  shall  sell  any  liquor  at  a  greater  profit 
than  hereinbefore  provided  for,  such  agent  shall  be  deemed 
guilty  of  an  unlawful  sale,  and  shall  be  prosecuted,  and 
upon  conviction  be  punished  and  dealt  with  in  the  same 
manner  provided  in  case  of  illegal  sales  by  other  persons, 
and  moreover  shall  ipso  facto  forfeit  his  appointment  as 
agent,  and  shall  not  be  thereafter  qualified  or  allowed  to 
act  as  agent  for  the  sale  of  spiritous  or  intoxicating  liquors  . 
under  this  act  anywhere  in  this  state. 

§  28.  Whenever  any  violation  of  any  of  the  provisions  ^^ti! 
of  this  act  shall  be  committed  in  any  corporated  town  or 
eity,  the  prosecutions  herein  provided  for  may  be  instituted 
and  carried  on  in  the  name  of  said  city  or  town.  In  all 
eases  under  this  act  (except  where  the  justice  of  the  peace 
or  police  magistrate  maybe  acting  as  a  court  of  inquiry  in 
accordance  with  the  provisions  of  this  act,  and  section 
803,  chapter  XXX,  Revised  Statutes)  the  party  prosecu- 
ting or  the  defendant  or  defendants  shall  be  entitled  to  a 
trial  by  jury,  and  in  cases  of  trial  by  jury,  where  the  pun- 
ishment is  by  fine  or  imprisonment,  either  or  both,  the  jury 
•hall  fix  by  their  verdict  the  amount  of  the  fine  and  the 
period  of  imprisonment,  in  accordance  with  the  provisions 
of  this  act.  Appeals  may  be  taken  in  all  cases  from  the 
judgment  of  justices  of  the  peace  or  police  magistrates 
(except  where  said  justice  or  police  magjistrate  may  be 
sitting  as  a  court  of  inquiry  as  aforesaid)  provided  the 
defendant  or  defendants  shall  forthwith  give  the  bond  or 
bonds  hereinbefore  required.  And  any  city  or  town  afore- 
laid  may  also  appeal  from  any  judgment  of  such  police 
magistrate  or  justice  of  the  peace  in  like  cases,  by  filing 
with  said  justice  or  magistrate  the  bond  of  said  city  or 
town  under  the  corporate  seal  thereof,  if  they  have  any, 
and  if  not,  then  said  bond  shall  be  signed  by  the  president 


I«55. 


^6 


Ha»afaoture  not 


of  the  board  of  trustees  of  such  town,  or  the  mayor  or 
other  chief  officer  for  the  time  being  of  any  city.  And  in 
case  said  prosecution  before  said  justice  or  police  magis- 
trate shall  be  in  the  name  of  the  people  of  the  state  of 
Illinois,  appeals  may  be  allowed  in  the  same  way  to  the 
people  as  is  now  provided  in  cases  of  assault  and  battery. 
Any  bond  given  on  appeal  from  the  judgment  rendered  by 
justices  of  the  peace  or  police  magistrate  under  the  pro- 
visions of  tliis  act  shall  be  from  the  date  thereof  until  th« 
game  is  discharged  a  lien  on  all  the  property,  real  and 
personal,  of  principal  and  securities.  And  no  principal  or 
security  on  any  appeal  bond  shall  be  released  from  his  or 
their  liability  thereon  by  reason  of  any  defect,  formal  or 
substantial,  in  said  bond,  or  in  the  execution  or  approval 
t-hereof ;  but  the  said  principal  and  securities  shall  in  all 
courts  be  held  liable  in  the  same  manner  and  to  the  same 
extent  as  if  the  said  bond  or  bonds  had  been  in  all  respects, 
written,  taken,  conditioned,  executed  and  approved  ac- 
cording to  law. 

§  29.    Nothing  contained  in  this  act  shall  be  so  con- 
prohibited  for  gtrucd  as  to  prohibit  the  manufacture  or  keeping  for  sale 

«rfc»i«  purposes  '        n    '  ^  ^  •     ■•  i 

of  burning  fluids  of  any  kind,  perfumery,  essences,  chem- 
icals, dyes,  paints,  varnishes,  cosmetics^  solutions  of  med- 
icinal drugs,  medical  compounds,  or  any  other  article 
'  which  may  be  composed  in  part  of  alcoholic  or  other 
spiritous  liquor,  if  not  adapted  to  use  as  a  beverage  :  Pro- 
vided^ however,  that  if  such  article  is  capable  of  being 
used,  or  is  intended  to  be  used  as  a  beverage  or  in  evasion 
of  this  act,  the  manufacture  or  keeping  for  sale,  or  said 
thereof,  shall  be  deemed  a  violation  of  ihis  act  and  pun- 
ished accordingly. 
"SyjJaC&cr     §  It  shall  be  the  duty  of  any  mayor,  alderman, 

city  marshal  or  deputy  marshal,  sheriff,  deputy  sheriff  or 
constable,  if  he  shall  liave  information  that  any  intoxica- 
ting liquors  are  kept  or  sold  in  any  tent,  shanty,  hut,  wa- 
gon or  hand  carriage  of  any  kind,  or  place  of  any  kind, 
other  than  a  dwelling  house,  for  selling  refreshments  in 
any  public  place  on  or  near  the  grounds  of  any  cattlo 
show,  agricultural  exhibition^  military  muster,  camp  meet- 
ing, or  any  public  occasion  of  any  kind,  to  immediately 
make  complaint  thereof  on  oath,  before  some  justice  of 
the  peace  or  police  magistrate,  who  shall  issue  his  warrant, 
commanding  him  to  search  the  place  or  places  named  in 
said  complaint;  and  such  mayor,  alderman,  city  marshal  or 
deputy  marshal,  sheriff,  deputy  sheriff  or  constable,  shall 
proceed  to  search  such  suspected  places,  and  if  said  officer" 
shall  find  upon  the  premises  any  intoxicating  liquor  he 
shall  seize  said  liquor  and  arrest  the  keeper  or  keepers  of 
said  place,  or  of  said  wagon  or  carriage,  and  take  them 
forthwith,  or  as  soon  as  may  be,  before  some  justice  of 


27 


1855. 


the  peace  of  the  county,  or  (if  within  a  city)  police  ma- 
gistrate pf  a  city,  and  thereupon  such  officer  shall  make  a 
written  complaint,  under  oath  or  affirmation,  and  sub- 
icribed  hy  him,  to  such  justice  or  police  magistrate,  who 
■hall  thereffpon  proceed  to  hear  and  determine  said  com- 
plaint, and  upon  proof  that  such  liquors  are  intoxicating, 
that  they  were  found  in  the  possession  of  the  accused  in  a 
tent,  shanty  or  other  place  as  aforesaid,  other  than  a 
dwelling  Ifouse,  he  or  they  shall  be  sentenced,  upon  con- 
viction, (if  before  a  police  magistrate)  to  imprisonment  in 
the  county  jail  for  thirty  days,  or  (if  before  a  justice  of 
the  peace)  to  pay  a  fine  of  fifty  dollars  and  costs  of  the 
proceedings;  and  said  liquor  so  seized  shall  be  forfeited 
and  delivered  over  by  the  officer  or  other  person  having 
the  same  in  custody,  upon  the  order  of  tlie  justice  or  po- 
lice magistrate,  to  th'j  agent  (or  one  o^  them)  of  the  city, 
town  or  county  where  such  liquor  shall  have  been  seized, 
to  be  dealt  with  by  said  agent  as  other  forfeited  liquor. 

§  31.  If  any  railroad  conductor,  freight  agent,  ex-  Railroad  condnc- 
pressman,  depot  master,  or  other  person  in  the  employ-  p^jtiic"^ agents 
mcKt  of  or  in  any  manner  connected  with  any  railroad 
corporation,  or  any  teamster,  stage  driver,  or  common 
earrier  of  any  kind,  or  any  person  professing  to  act  as 
agent  for  any  other  person  or  persons,  whether  within  or 
without  this  state,  or  any  other  individual  vf  whatever 
calling,  shall  kriowingly  bring  within  this  state,  for  any 
other  person,  any  intoxicating  liquor,  to  be  used  or  dis- 
posed of  for  any  other  purposes  than  those  recognized 
lawful  by  this  act,  or  shall  knowingly  procure  for  any  other 
person  or  persons,  or  shall  knowingly  aid,  assist  or  abet, 
in  any  manner  whatever,  any  other  person  or  persons  in 
procuring  intoxicating  liquor,  except  for  the  purposes  con- 
templated by  this  act,  such  person  or  persons  so  offending 
ihall  forfeit  and  pay  into  the  treasury  of  the  county,  town 
or  city,  as  the  case  may  be,  a  fine  of  one  hundred  dollars 
and  costs  of  prosecution  on  the  first  conviction,  and  on  the 
second  and  every  subsequent  conviction  two  hundred  dol- 
lars and  costs,  and  be  imprisoned  in  the  county  jail  not  less 
than  three  nor  more  than  six  months.  If  any  contrac- 
tor, sub' contractor,  agent,  engine  driver,  conductor,  di- 
rector, or  other  employee,  engaged  in  the  construction  or 
operation  of  my  railroad,  canal  or  other  public  work  in 
this  state,  shall  violate  any  of  the  provisions  of  this  act, 
he  or  they  shall  be  fined  and  imprisoned,  or  either,  as  the 
case  may  be,  to  double  the  exient  of  other  persons  so  of- 
fending. 

§  32.    Any  person  agains-  whom  or  whose  premises  a  penalty  for  i»- 
searclr  warrant  has  been  issued,  or  any  other  person  who  sisting offi«er«. 
ghall  refuse  to  permit  the  search  to  be  made,  or  otherwise 
use  violence  to  prevent  the  same,  or  who  shall  resist 


l'«66.  28 

any  officer  in  the  execution  of  any  other  process  author- 
ized by  this  acf,  or  threaten  to  use  violence  to  prevent  the 
execution  of  the  same,  sliall  be  deemed  to  have  resisted 
the  officer,  and  be  made  subject  to  the  penalty  inflicted  by 
the  Revised  Statutes  therefor. 
*hL?e"  jSdii-  §  33  Nothing  in  this  act  shall  be  so  construed  as  to 
authorize  any  justice  of  the  peace  to  try  any  person  (ex- 
cept as  a  court  of  inquiry)  for  any  offense  against  any 
provisions  of  this  act  where  the  punishment  is  by  a  fint 
above  one  hundred  dollars  or  imprisonment,  or  to  adjudge 
any  liquor  to  be  forfeited,  as  hereinbefore  provided,  where 
the  value  of  said  liquor  shall  exceed  one  hundred  dollars  ; 
but  in  all  cases  where  any  person  for  any  offense,  the  pun- 
ishment whereof  is  imprisonment  or  fine  exeesding  one 
hundred  dollars,  shall  be  broup;ht  before  any  justice  of  the. 
peace,  or  where  in  the  trial  of  any  cause  under  this  act  it 
shall  appear  that  the  offense  for  which  the  accused  is  upon 
his  trial  is  one  for  which  the  punishment,  as  prescribed 
hereby,  is  more  than  one  hundred  dollars  or  imprisonment^ 
•  or  both,  said  justice  shall  proceed  in  such  case  in  manner 
provided  in  section  203,  of  chap.  XXX,  of  Revised  Stat- 
utes ;  and  if  such  fact  shall  appear  as  aforesaid  upon  the 
trial  of  the  cause  by  a  jury,  said  jury  shall  be  discharged 
without  rendering  any  verdict,  and  said  justice  of  the 
peace  shall  admit  said  defendant  or  defendants  to  bail,  or 
in  default  thereof,  commit  him  or  them  to  await  trial 
the  next  term  of  the  circuit  court  of  the  proper  county,  in 
same  manner  as  provided  by  said  section  203,  of  chap. 
XXX,  Revised  Statutes.  In  all  cases  where  it  shall  ap- 
pear, from  the  officer's  return  of  any  search  warrant  issu- 
ed under  the  provisions  of  this  act  by  any  justice  of  the 
peace,  that  the  liquor  seized  is  of  greater  value  than  one 
hundred  dollars,  or  if  during  or  upon  the  hearing  or  trial 
of  said  complaint,  as  provided  in  the  13th  section  of  this 
act,  it  sliall  appear  to  said  justice  on  the  evidence  or  (if 
the  trial  is  by  a  jury)  by  the  verdict  of  said  jury  that  said 
liquor  is  of  greater  value  than  one  hundred  dollars,  then  in 
either  or  both  cases  it  shall  be  the  duty  of  said  justice  of 
the  peace  not  to  render  judgment  but  forthwith  to  make  a 
record  of  all  the  proceedings  before  him,  (except  t}»e  tes- 
timony of  witnesses,)  and  certify  the  same  under  liis  hand 
and  seal,  and  file  the  same  in  the  clerk's  office  of  the  circuit 
court  of  the  proper  county;  and  said  clerk  shall,  upon  re- 
ceiving and  filing  said  transcript,  immediately  cause  to  be 
puMished  in  some  newspaper  in  his  county,  (and  if  there 
be  no  newspaper  in  said  county,  then  shall  cause  to  be 
posted  upon  the  door  of  the  court  house,)  and  also  in  either 
case  to  be  left  with  or  at  the  last  usuni  ])lace  of  abode  of 
the  person  named  in  the  said  complaint  as  the  owner  or 
keeper  of  said  liquor,  if  such  person  be  a  resident  of  thif 


29 


1855. 


«tate,  a  notice,  summoning  such  person,  and  all  others 
whom  it  may  concern,  to  appear  before  the  said  circuit 
court,  at  the  next  term  thereof,  and  show  cause,  if  any 
tliey  have,  why  said  liquor  should  not  be  forfeited  with  the 
vessels  containing  it.  Said  circuit  court  shall  hear  and 
determine  said  question  or  forfeiture  of  said  liquors,  and 
•hall  proceed  in  the  same  manner  provided  in  the  13th 
and  14th  sections  hereof  :  Provided^  if  two  weeks  shall  not  ProTiB*. 
intervene  between  the  day  of  publishing  and  serving  said 
notice  as  aforesaid  and  the  first  day  of  the  next  term  of 
the  said  circuit  court,  said  cause  shall  be  continued  until 
the  next  term  of  the  said  circuit  court.  The  term  justice  of 
the  peace,  as  herein  used,  shall  not  be  construed  to  include 
police  magistrate. 

§  34.  If  any  person,  by  himself,  clerk,  servant  or  and  vax^- 
agent,  shall  sell,  furnish  or  give  away  any  intoxicating  somnent. 
liquor,  which  shall  be  impure  or  adulterated,  he  shall  for- 
feit and  pay  into  the  treasury  of  the  town,  city,  or  if  the 
offense  is  committed  without  and  beyond  limits  of  any  in- 
corporated town  or  city,  county,  not  exceeding  one  hun- 
dred dollars,  and  be  imprisoned  three  months  in  the  jail  : 
Provided^  no  authorized  agent  appointed  hereunder  shall 
be  subject  to  the  liabilities  of  this  section,  unless  such 
agent  shall  pecsi>5t  in  selling  or  furnishing  such  impure  or 
adulterated  liquor,  knowing  the  same  to  be  such  ;  prose- 
cutions under  this  section  may  be,  if  the  offense  is  com- 
mitted within  the  limits  of  an  incorporated  city,  brought 
before  a  police  magistrate  of  said  city,  or  by  indictment  in 
the  circuit  court  of  the  proper  county,  whether  committed 
within  a  city  or  not;  and  if  the  offense  be  committed  with- 
out the  limits  of  a  city,  then  the  case  may  be  brought 
before  any  justice  of  the  peace  of  the  county,  in  manner 
provided  in  section  203,  of  chapter  XXX,  of  the  Revised 
Statutes. 

§  36.  All  laws  and  parts  of  laws  inconsistent  with  this  inconsistent  a<te 
act  shall  be  repealed  when  this  act  goes  into  operation  :  repe&ied. 
Provided^  that  all  prosecutions  which  shall  have  been  com- 
menced at  the  time  this  act  goes  into  operation  shall  be 
carried  on  to  hnal  judgment  and  execution  as  if  this  act  had 
not  have  been  passed  :  Provided^  all  laws  authorizing  the 
issuing  or  granting  licenses  to  sell  spiritous  or  intoxicating 
or  mixed  liquors  shall  be  repealed  from  and  after  the  date 
of  the  passage  of  this  act. 

§  37.  No  officer  or  other  person  shall  be  liable  to  any  offlcerBBotii»bi« 
action  or  prosecution,  civil  or  criminal,  in  behalf  of  any  to  prosecution, 
person  or  the  people,  for  the  making,  issuing,  trying  or  ex- 
ecuting any  complaint,  warrant  or  other  process  under  this 
act,  or  for  instituting,  prosecuting  or  trying  any  suit,  pros- 
ecution or  other  proceeding  hereunder  :  Provided^  said  of- 
ficer or  other  person  shall  have  acted  in  good  taith. 


Proviso. 


1855. 


30 


Complaints  of 
naarriftd  womcu. 


When  to  take  ef- 
teet.. 


JSleciloD 


©nty  of  secretary 
«/  Btate. 


§  38.  Any  married  woman  who  shall  coinplain  that  liquor 
has  been  sold  to  her  husband  contrary  to  law,  or  any  widow 
wlio  shall  complain  that  liquor  has  been  sohl  to  her  son  or 
sons  contrary  to  law,  may,  in  the  stead  or  place  (if  the  two 
residents  required  by  section  twelve  of  this  act,  make  the 
complaint  mentioned  in  said  section  'twelve,  or  any  other 
section  of  this  act,  and  may  institute  and  carry  on  any  pros- 
ecution provided  by  this  act.  Nothing  in  this  act  shall  b« 
construed  to  require  that  a  search  warrant  should  be  issued 
or  executed  prior  to  a  prosecution  for  a  violation  of  any 
section  of  this  act;  but  such  prosecution  or  prosecutioni 
may  be  instituted  and  carried  on  either  with  or  without 
tlie  issuing  or  executing  of  such  warrant.  All  prosecu- 
tions for  any  violations  of  this  act  maybe  by  indictment  in 
the  circuit  court  of  the  county  where  the  offense  may  be 
committed,  an}  thing  herein  to  the  contrary  notwitlistand- 
ing  ;  but  a  conviction  before  a  justice  of  the  peace  or  po- 
lice magistrate  shall  be  a  bar  to  an  indictment  for  the  same 
offense,  and  vice  versa. 

§  39.  The  foregoing  provisions  of  this  act  shall  take 
effect  on  the  first  Monday  of  July  next :  Provided,  if  a  ma- 
jority of  the  ballots  to  be  deposited  as  hereinafter  provided 
sliaii  be  "against  prohibition,"  then  this  act  shall  be  of  no 
force  or  effect  wiiatever. 

§  40.  An  election  shall  be.  held  on  the  first  Monday  of 
June  next,  at  the  usual  places  of  holding  ek  ctious  accord- 
ing to  the  laws  of  this  state  in  such  case  niade  and  provi- 
ded, at  which  election  persons  entitled  to  vote  under  the 
constitution  and  laws  of  this  state  may  express  their  judg- 
ment and  choice  in  regard  to  this  act,  by  depositing  in  the 
ballot  box  their  ballots,  with  the  words  "for  prohibition,"' 
or  "against  prohibition."  Notices  of  said  election  shall  be 
given,  and  said  election  shall  be  conducted  according  to 
tiie  laws  of  tiiis  state  regulating  general  elections.  Re- 
turns of  said  election  shall  be  made  and  canvassed  as  is 
now  provided  by  law  in  elections  for  representatives  in 
congress  ;  and  when  the  result  of  said  election  is  so  ascer- 
tained, the  governor  of  the  state  shall  issue  his  proclama- 
tion announcing  said  result.  This  section  shall  take  effect 
from  and  after  its  passage. 

§  41.  Tlie  secretary  of  state  shall  cause  to  be  published 
in  pamphlet  form  50,000  co()ies  of  this  law  immediately  af- 
ter the  adjournment  of  the  legislature,  and  sludl  forthwith 
send  to  each  county  clerk  of  the  different  counties  five 
liundred  copies  thereof,  to  be  distributed  among  the  peo- 
ple; and  it  shall  be  the  duty  of  the  county  clerks  to  cause 

said  iaws  to  be  distributed  throuijhout  tlieir  counties  re- 
ts 

spectively. 

Appro  vj!:d  February  12,  1855. 


• 


